SINGAPORE Law and Practice Contributed by: Foo Yuet Min, Kong Man Er, Shumin Lin and See Chern Yang, Drew & Napier LLC
of appeal, the appellant must provide security for the respondent’s costs of the appeal. In respect of appeals to a district judge from decisions of the registrar of the State Courts made on an application, or made on an assess- ment of damages or the taking of accounts, the notice of appeal must be filed within 14 days after the date of the registrar’s decision. In respect of appeals from a decision of a district judge or magistrate, or appeals from applica- tions in proceedings in the General Division of the High Court, where permission to appeal is not required, the notice of appeal must be filed and served within 14 days from the date of the judgment or order to be appealed or, where a request for further arguments has been made, within 14 days after the court affirms, varies or sets aside the decision after hearing the further arguments, or certifies or is deemed to have cer- tified that no further arguments are required. In the case of appeals against decisions made by a judge arising from matters in an SAPT, unless the court orders otherwise, the time for filing an appeal and for filing an application for permission to appeal does not start to run until the judge has heard and determined all matters before them, including any appeal against the decision of the registrar and costs. Where the lower court does not hear and deter- mine the issue of costs within 30 days after the lower court has heard and determined all other matters in the application or all other matters in the trial (as the case may be), the time for the filing of an appeal or for the filing of an applica- tion for permission to appeal starts to run after the expiry of the 30-day period, even if the lower court has directed that submissions on costs be made. The lower court is deemed to have heard
and determined the issue of costs when it has decided on the parties’ entitlement to costs (even if the amount of costs or disbursements has not been determined), ordered that costs be assessed, ordered that costs be reserved, or decided that there is to be no order as to costs or that each party is to bear its own costs. If permission of court is required to appeal, the appealing party must file its application to the relevant court within the timelines prescribed in the ROC. An application for permission to appeal against a decision of a district judge or magistrate must be made to the district judge or magistrate within 14 days after the date of the district judge’s or magistrate’s decision. If the district judge or magistrate does not grant permission to appeal, the party may apply to the General Division of the High Court for such permission and serve the application on all inter- ested parties within 14 days after the date of the district judge’s or magistrate’s decision not to grant permission. Appeals before the Singapore courts do not operate as a stay of proceedings. 10.4 Issues Considered by the Appeal An appellate court generally rehears the case on documents alone. It will correct any misapplica- tion of the law but will not ordinarily disagree with the trial judge’s findings of fact. It is entitled to reverse the trial judge’s findings of fact only when they are manifestly wrong, and any advan- tage the trial judge enjoyed by having seen and heard the witnesses is not sufficient to explain his or her conclusion. An appellate court may intervene where the inferences drawn by a trial judge are not sup- Court at an Appeal Standards of Review
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