SINGAPORE Law and Practice Contributed by: Foo Yuet Min, Kong Man Er, Shumin Lin and See Chern Yang, Drew & Napier LLC
10.2 Rules Concerning Appeals of Judgments Restrictions on the matters that may be brought against a decision of the General Division of the High Court are set out in Sections 29 and 29A of the SCJA and its Fourth and Fifth Schedules. • The Fourth Schedule sets out orders that are non-appealable, including orders made by consent of the parties and orders refusing security of costs. • The Fifth Schedule sets out orders that are appealable only with leave, including orders giving security for costs and orders refusing a stay of proceedings. Appeals from a decision of the General Division of the High Court are allocated between the Court of Appeal and the Appellate Division of the High Court. The Court of Appeal hears crimi- nal appeals and civil appeals prescribed under the Sixth Schedule of the SCJA. This includes certain types of appeals from the General Divi- sion, such as constitutional or administrative law cases, appeals against SICC decisions, deci- sions from arbitration proceedings and crimi- nal appeals. Restrictions on matters that may be brought against a decision of the Appellate Division of the High Court are set out in Sections 46 and 47 of the SCJA and its Ninth Schedule. The Appellate Division of the High Court hears all other civil appeals. Parties before the District Court or Magistrates’ Court may appeal to the General Division of the High Court without obtaining permission to appeal if the amount in dispute or the value of the subject matter before the lower courts exceeds SGD60,000. This is subject to the exceptions set out in the Third Schedule of the SCJA.
10.3 Procedure for Taking an Appeal Parties may need permission to appeal; see 10.2 Rules Concerning Appeals of Judgments . All registrar decisions are appealable to either a dis- trict judge (for proceedings in the State Courts) or a judge of the High Court (for proceedings in the Supreme Court) in chambers without the need for permission of court. The exception to this rule is that the registrar’s directions or orders incidental to appeals or applications pending before the Appellate Division of the High Court or the Court of Appeal (such as extensions of time for filing the necessary papers for appeals) cannot be the subject of an appeal to a judge of the General Division of the High Court. A Notice of Appeal has to be filed and served on the other parties within 14 days of the decision. An application for permission to appeal against a decision of the General Division of the High Court must be filed as follows: • where no request is made for the judge to hear further arguments, within 14 days after the date of the judge’s decision on all mat- ters, including costs; and • where a request is made for the judge to hear further arguments, within 14 days after the judge affirms, varies or sets aside the deci- sion after hearing the further arguments, or certifies or is deemed to have certified that no further arguments are required. A party who has obtained permission of court to appeal must file and serve a notice of appeal within 14 days after the date of the decision granting permission to appeal. Where permission to appeal is not required, par- ties seeking to bring an appeal from the state courts or from the High Court must file and serve a notice of appeal. At the time of filing the notice
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