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Civil appeals against decisions made by the Appellate Division of the High Court
Note
This is the process to appeal against a civil decision by the Appellate Division of the High Court.
If you wish to appeal other types of decisions, you may refer to:
- Civil appeals against State Courts decisions.
- Civil appeals against decisions made by a registrar in the General Division of the High Court.
- Civil appeals against decisions made by a judge in the General Division of the High Court.
If you are unsure who made the decision, contact the court to check.
Who can appeal
You should be a party in a civil case, such as the:
- Party who filed a claim or an application: plaintiff or applicant.
- Party against whom a claim or an application is filed: defendant or respondent
- Third party.
What you can appeal against
You may file an appeal against a decision made by the Appellate Division of the High Court if you are not satisfied with it and wish to reverse or vary it.
You will need leave from the Court of Appeal in order to file an appeal against a decision made by the Appellate Division of the High Court. Leave to appeal will be granted only in limited circumstances, given that the matter would already have been considered once on appeal, and only if the appeal will raise a point of law of public importance.
In most cases, after a decision made by a judge in the General Division of the High Court, there will generally be only one tier of appeal, either to the Appellate Division of the High Court or the Court of Appeal.
For example, you may refer to the Ninth Schedule to the Supreme Court of Judicature Act.
Some common examples include cases where:
- The judgment or order is made by consent of the parties.
- The Appellate Division of the High Court makes an incidental direction or interim order under section 40(1) of the Supreme Court of Judicature Act.
- The Appellate Division of the High Court gives or refuses leave to appeal against a decision of the General Division of the High Court.
Before you appeal: apply for leave to appeal
To appeal against a decision by the Appellate Division of the High Court, you will first need to apply to the Court of Appeal for leave to appeal. Leave to appeal will be granted only if the appeal will raise a point of law of public importance. See Order 57 Rule 2A of the revoked Rules of Court (as in force immediately before 1 April 2022) for the matters the Court of Appeal will have regard to when deciding whether to grant leave to appeal.
Key facts
Refer to the following on how to apply for leave to appeal against a decision of the Appellate Division of the High Court:
Estimated fees | Refer to this list. |
How to file | Through eLitigation. Please see below for more information. |
| What to do after you file | Please see below for more information. |
| Possible outcomes of the application | Please see below for more information. |
| Points to note when filing (including when to file) | Please see below for more information. |
Estimated fees
The estimated fees include:
Item or service | Fee |
|---|---|
File the Originating Summons |
|
File the written submissions | No filing fees |
Note: This table does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau.
How to file
You may choose to file personally or through a lawyer. If you are represented by a lawyer, the documents will be filed by your lawyer.
If you are representing yourself, follow these steps to apply to the Court of Appeal for leave to appeal.
Visit the LawNet & CrimsonLogic Service Bureau at the Supreme Court to file the following documents via eLitigation:
- An Originating Summons for leave to appeal.
- Written submissions (Form 32A, Appendix A, Supreme Court Practice Directions (as in force immediately before 1 April 2022))
- A bundle of documents (if any) that are relevant to the application and that were filed in the proceedings below, subject to a page limit of 20 pages.
- A bundle of authorities (if any).
Note: No affidavit is to be filed without the leave of the Court of Appeal. The court may also direct that you tender hard copies of the documents.
If the court accepts your application documents, the Service Bureau will inform you to return to collect the endorsed Originating Summons issued by the court.
You must serve the Originating Summons on the other party (the respondent) through personal service as defined under Order 62 Rule 3 of the revoked Rules of Court (as in force immediately before 1 April 2022). For example, you may deliver a hard copy to the other party in-person. The written submissions, bundle of documents (if any) and bundle of authorities (if any) must also be served within the same prescribed timeline but they need not be served through personal service.
After you file
The Court of Appeal will inform you if there will be an oral hearing to decide whether to grant you leave to appeal.
If there is an oral hearing | The court will inform you of the location (if it is a physical hearing), date and time through a notice. Both you and the other party in the case must attend. |
If there is no oral hearing | The court will inform you in writing of the outcome of the application. |
Possible outcomes of the application
What happens next depends on the decision of the Court of Appeal:
If the Court of Appeal grants you leave | You must file and serve the notice of appeal in Form 112 of the revoked Rules of Court (as in force immediately before 1 April 2022) against the Appellate Division of the High Court’s decision within 1 month after the date on which leave to appeal is granted. |
If the Court of Appeal does not grant you leave | That is the end of the matter. You cannot proceed with the appeal. |
Points to note when filing an application for leave to appeal before 1 April 2022
You should refer to the following table which sets out points relating to applications for leave to appeal to the Court of Appeal which applicants should take note of.
This table only applies to applications for leave to appeal filed before 1 April 2022. For applications for permission to appeal filed on or after 1 April 2022, you should refer to Points to note when filing an application for permission to appeal on or after 1 April 2022.
This is only meant as a guide and should be read subject to all the relevant provisions in the Supreme Court of Judicature Act, the revoked Rules of Court (as in force immediately before 1 April 2022) and the Supreme Court Practice Directions (as in force immediately before 1 April 2022).
| Court to which the application should be made | The application (via an originating summons) should be made directly to the Court of Appeal. The application should not be filed in the Appellate Division of the High Court via a summons. |
| Timeline for the filing of an application | The application must be filed to the Court of Appeal within 7 working days after the date of the Appellate Division of the High Court’s decision. |
| Documentation and filing issues | To avoid errors, you should note the following:
|
| Formatting requirements for written submissions | When preparing the written submissions, you should use the correct form prescribed by paragraph 90B(2) of the Supreme Court Practice Directions (as in force immediately before 1 April 2022 (Form 32A/32B of Appendix A)) and make sure the written submissions comply with the formatting requirements set out in Paragraph 90B(3) of the Supreme Court Practice Directions (as in force immediately before 1 April 2022). You should also note that:
|
Appeal against a decision made by the Appellate Division of the High Court
Key facts
Refer to the following on how to appeal against a decision by the Appellate Division of the High Court if the Court of Appeal has granted you leave to do so.
If you file the appeal, you are the appellant. The other party is the respondent.
Estimated fees
The estimated fees include:
Item or service | Fee |
|---|---|
Security for costs | $15,000 for appeals against an interlocutory order. $20,000 for any other appeal. |
| File the notice of appeal |
|
File the appellant's Case | $3,000. |
File the core bundle | $10 for every page or part thereof in excess of 150 pages. |
Note: This table does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau.
How to file
You may choose to file personally or through a lawyer. If you are represented by a lawyer, the documents will be filed by your lawyer.
Follow these steps to file an appeal:
The security for costs serves as a deposit for the respondent’s costs of appeal. The amount depends on whether the appeal is an appeal against an interlocutory order:
Appeals against an interlocutory order | $15,000 |
Any other appeal | $20,000 |
The Court of Appeal may order further security for costs to be given.
You may provide the amount for the security for costs in one of the following ways:
- Deposit it with the Supreme Court Legal Registry.
- Deposit it with the Accountant-General's Department.
- Via an undertaking by your lawyer.
How to deposit with the Supreme Court Legal Registry
You must deposit the security for costs either by electronic payment or by making payment at the Supreme Court (refer to paragraph 26(6) of the Supreme Court Practice Directions (as in force immediately before 1 April 2022)).
You will need to provide proof of such deposit when filing your appeal.
How to deposit with the Accountant-General
You may pay the security for costs into court by filing File a Direction to Accountant-General for Payment In via eLitigation. If you are representing yourself, visit the LawNet & CrimsonLogic Service Bureau to file. Please refer to paragraph 26(4) of the Supreme Court Practice Directions (as in force immediately before 1 April 2022) for more information.
If you are representing yourself, visit the LawNet & CrimsonLogic Service Bureau at the Supreme Court to file the following documents via eLitigation:
- Notice of appeal (Form 112, revoked Rules of Court (as in force immediately before 1 April 2022)).
- Certificate for Security for Costs (Form 115, revoked Rules of Court (as in force immediately before 1 April 2022)): attach the receipt for the security for costs.
You will need to pay the filing fees.
If the court accepts your notice of appeal, the Service Bureau will inform you to return to collect the notice of appeal issued by the court.
When: after filing the notice of appeal
You must serve the notice of appeal issued by the court on the other party (the respondent) within the prescribed timelines for filing of the notice of appeal. This means giving them a copy of the document in any of the ways set out in Order 62 Rule 6 of the revoked Rules of Court (as in force immediately before 1 April 2022).
After you file
You will receive a notice to collect the record of proceedings at the Supreme Court. You should read these documents carefully and consider if you wish to continue with the appeal. You may wish to seek legal advice on the merits of your case.
The court will also inform you if there will be an oral hearing.
| If there is an oral hearing | The court will inform you of the location (if it is a physical hearing), date and time. Both you and the respondent must attend. |
If there is no oral hearing | The court will inform you in writing of the outcome of the appeal. |
Tip
If you are unable to attend, you must request to change the hearing date, subject to the court's approval.
Before the hearing: file and serve the relevant documents for the appeal
How to file
File the documents via eLitigation. If you are representing yourself, visit the LawNet & CrimsonLogic Service Bureau to file. Please ensure that the correct document code is selected for the filing of all documents on eLitigation.
How to serve
You must serve the relevant documents for the appeal on the respondent within the prescribed timelines in the revoked Rules of Court (as in force immediately before 1 April 2022). This means giving them a copy of the document in any of the ways set out in Order 62 Rule 6 of the revoked Rules of Court (as in force immediately before 1 April 2022).
What documents to file and serve
To proceed with the appeal, you should file and serve all of the following documents within the timeline stated in the notice to collect the record of proceedings (refer to Order 57 Rule 9(1) of the revoked Rules of Court (as in force immediately before 1 April 2022)):
| Supplemental record of appeal | The record of appeal filed in the Appellate Division of the High Court stands as the record of appeal in the Court of Appeal, and the appellant must file and serve a supplemental record of appeal (refer to Order 57 Rule 9(2AA) of the revoked Rules of Court (as in force immediately before 1 April 2022)). Please refer to Form 12A, Appendix A, Supreme Court Practice Directions (as in force immediately before 1 April 2022). When preparing the supplemental record of appeal, please refer to the requirements set out in Order 57 Rule 9(2AA)(b) of the revoked Rules of Court (as in force immediately before 1 April 2022) and paragraphs 87, 88 and 89 of the Supreme Court Practice Directions (as in force immediately before 1 April 2022). |
Appellant’s Case (including any bundle of authorities) | Please note that there is a prescribed page limit of 50 pages for the appellant’s case. The appellant’s case must contain certain information (refer to Order 57 Rule 9A(3)(b) of the revoked Rules of Court (as in force immediately before 1 April 2022). For example, it should contain:
|
Core bundle of documents | Please refer to Form 13, Appendix A, Supreme Court Practice Directions (as in force immediately before 1 April 2022). When preparing the core bundle of documents, please refer to the requirements set out in paragraph 89(5) of the Supreme Court Practice Directions (as in force immediately before 1 April 2022). In particular, note that the contents of the core bundle of documents must be arranged in the following separate volumes and filed as separate documents:
|
| Appeals Information Sheet | This is to be completed using Form 27, Appendix A, Supreme Court Practice Directions (as in force immediately before 1 April 2022) and is to be filed and served along with the appellant’s case.
|
Points to note for appeals
You should refer to the following table which sets out points that you should take note of.
This is only meant as a guide and should be read subject to all the relevant provisions in the revoked Rules of Court (as in force immediately before 1 April 2022) and the Supreme Court Practice Directions (as in force immediately before 1 April 2022).
| Formatting requirements | Please refer to Paragraphs 87(4A) and 90(4) of the Supreme Court Practice Directions (as in force immediately before 1 April 2022) for the formatting requirements for written cases and skeletal arguments:
|
Electronic filing | Save for the following documents, alldocuments that are required to be filed are to be electronically filed through eLitigation by the relevant deadlines:
|
Provision of hard copies and soft copies
| Please refer to Paragraph 88 of the Supreme Court Practice Directions (as in force immediately before 1 April 2022). |
| Skeletal arguments | Skeletal arguments are abbreviated notes of the arguments that will be presented. The concluding paragraphs of your skeletal arguments should include your submissions on the appropriate costs orders to be made on appeal and submissions on the amount of costs and disbursements that should be awarded. Please note that there is a prescribed page limit of 20 pages for the skeletal arguments. The skeletal arguments must be filed by 4pm on the Monday three weeks before the start of the sitting period of the Court of Appeal within which that appeal or matter is scheduled for hearing, regardless of the actual day (within that sitting period) on which that appeal or matter is scheduled for hearing before the Court of Appeal.
|
At your appeal hearing
The Court of Appeal will decide whether to allow or dismiss your appeal.
This is the general process during an appeal hearing:
- The court will ask you (the appellant) to present your arguments for the appeal.
- The court will hear from the respondent, who may respond to your arguments and present their case.
- The court may then ask you to reply to the respondent.
The court may issue a decision on the day of the hearing or choose to reserve judgment. If the court chooses to reserve judgment, you will receive further directions on what happens next.
Possible outcomes of appeal
There are 2 possible outcomes:
If your appeal is allowed | You get some or all of the changes you asked for, either in full or in part. The court may vary or overrule the original court’s decision, or make a new order. |
If your appeal is dismissed | There are no changes to the original court's decision. |
Need help?
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
Find out moreResources
Legislation associated with this topic includes:
- Part 4 and Part 5 of the Supreme Court of Judicature Act.
- Order 57 and Appendix B of the revoked Rules of Court (as in force immediately before 1 April 2022).
Refer to Part XI of the Supreme Court Practice Directions (as in force immediately before 1 April 2022).
Related questions
At any time before the appeal is heard or dealt with, you may file and serve on the parties to the appeal a notice to the effect that you do not intend further to prosecute the appeal.
If all parties to the appeal consent to the intended withdrawal of the appeal, you must file a document signifying such consent signed by the parties or by their lawyers. Upon the filing of that document, the appeal is deemed withdrawn. If all the parties to the appeal consent to the payment of the security for costs to the appellant or the respondent (as the case may be), the appellant or the respondent (as the case may be) must file the document signifying such consent signed by the parties and in such event, the security for costs must be paid to the appellant or the respondent (as the case may be) and any solicitor’s undertaking is discharged.
If there are outstanding issues relating to costs or other matters, the appellant or any other party to the appeal may make a written request to the Court of Appeal for directions on those issues.
Generally, filing fees are not refundable if the appeal is withdrawn.
If there is consent between the parties as to the payment of the security for costs, the security will be paid out pursuant to the terms of agreement.
If there is no consent between the parties as to the payment of the security for costs, parties may make a written request to the appellate court for directions on the disposal of the security for costs.
If costs have been awarded in your favour, you may request the deposit to be returned to you.
If costs have been awarded against you, the deposit will go towards the amount of costs that have been awarded against you.
You will receive a notice of appeal from the party who filed the appeal. After that, you will receive the record of appeal, appellant’s case (including any bundle of authorities), core bundle of documents and appellant’s Appeals Information Sheet.
You must file the following documents within 1 month of the service of the appellant’s case.
Respondent’s Case (including any bundle of authorities) | Please note that there is a prescribed page limit of 50 pages for the respondent’s Case.
The respondent’s Case must contain certain information (refer to Order 57 Rule 9A(3)(b) of the revoked Rules of Court (as in force immediately before 1 April 2022)). For example, it should contain:
The estimated fee for the filing of a respondent’s Case is $1,000. (This does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau .)
|
Supplemental core bundle of documents (if any) | You may file a supplemental core bundle of documents if you intend to refer to any document in the respondent’s Case or at the appeal, and such document is not included in the appellant’s core bundle of documents. Please note that you should not exhibit duplicate documents in the supplemental core bundle of documents if such documents are already included in the appellant’s core bundle of documents. A fee of $10 is payable for every page in excess of 100 pages. |
| Appeals Information Sheet | This is to be completed using Form 27, Appendix A, Supreme Court Practice Directions (as in force immediately before 1 April 2022) and is to be filed and served along with the respondent’s Case. |
You should file the relevant documents via eLitigation. If you are representing yourself, visit the LawNet & CrimsonLogic Service Bureau to file. Please ensure that the correct document code is selected for the filing of all documents on eLitigation.
You must serve the relevant documents for the appeal on the appellant within the prescribed timelines in the revoked Rules of Court (as in force immediately before 1 April 2022). This means giving them a copy of the document in any of the ways set out in Order 62 Rule 6 of the revoked Rules of Court (as in force immediately before 1 April 2022).
Please refer to Points to note for appeals.
You may file an appellant’s Reply within 2 weeks after the respondent’s Case is served on you if the requirements in Order 57 Rule 9A(5A) of the revoked Rules of Court (as in force immediately before 1 April 2022) are satisfied. The prescribed page limit is 30 pages. Please refer to Order 57 Rule 9A(5B) to (5D) of the revoked Rules of Court (as in force immediately before 1 April 2022).
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