Civil appeals against decisions made by the Appellate Division of the High Court (from 1 April 2022)

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 permission to appeal against a decision of the General Division of the High Court.

Visit the LawNet & CrimsonLogic Service Bureau at the Supreme Court to file the following documents via eLitigation:

• An Originating Application for permission to appeal.
• Written submissions (Form 26, Appendix B of the Supreme Court Practice Directions 2021).
• 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 25 pages.
• A bundle of authorities does not have to be filed electronically. However, if you choose not to file a bundle of authorities electronically, you will need to file both of the following:
  1. (i) A list of authorities electronically (that corresponds to the index of the actual copy of the bundle of authorities).
  2. (ii) Soft copy of the bundle of authorities in Portable Document Format (PDF) in a CD-ROM must be tendered to the Registry.

Note: No affidavit is to be filed without the permission 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 Application issued by the court.

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.
• In any other form acceptable to the parties.

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 20(6) of the Supreme Court Practice Directions 2021).

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 20(4) of the Supreme Court Practice Directions 2021 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 35, Appendix A of the Supreme Court Practice Directions 2021).
• Certificate for Security for Costs (Form 36, Appendix A of the Supreme Court Practice Directions 2021): attach the receipt for the security for costs

You will need to pay the filing fees.

When filing the notice of appeal, please ensure that you correctly select whether the appeal is to be made under Order 18 or Order 19 of the Rules of Court 2021. 

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 7 Rule 3 of the Rules of Court 2021.

Please take note of the following points:

1. When filing documents on eLitigation under the Rules of Court 2021 for (i) matters before the Appellate Division of the High Court and Court of Appeal; and (ii) appeals to be heard by 3 Judges of the General Division of the High Court under the Medical Registration Act 1997.
2. When filing documents on eLitigation for matters before a court of 3 Supreme Court Judges under the Legal Profession (Proceedings before Court of 3 Supreme Court Judges) Rules 2022 (“the LPA C3J Rules”).

Selecting documents under the “Appeals” category

1. Please select the document to be filed from the “Appeals” category instead of the “Trial/Hearings Related” category on eLitigation for filings made for the following matters:

1. All appeals and applications made to the Court of Appeal and Appellate Division of the High Court under Order 18 and Order 19 of the Rules of Court 2021;
2. All Medical Registration Act 1997 appeals filed under Order 19 rule 41 of the Rules of Court 2021; and
3. All filings under the LPA C3J Rules 2022.

Filing an appeal, an Originating Application and a summons to the Court of Appeal or Appellate Division of the High Court: certificate for security for costs

2. When a notice of appeal is filed together with a certificate of security for costs, please take note of the following points:

• You should select “yes” to the question “Are you filing the Certificate for Security for Costs with this Notice of Appeal”.
• When you select “yes” to the question, you will be asked to indicate whether security is given by way of an undertaking. Please take note of the following depending on the answer selected to “Is security given by way of an undertaking?:
  • If your answer is “Yes”: Edit the Certificate for Security for Costs eform to indicate the amount of security provided and that security is provided in the form of a solicitor’s undertaking in Form 37. Add and upload the solicitor’s undertaking in Form 37 as an “Other Supporting Document” at Step 2.
  • If your answer is “No (Payment In):”  Edit the Certificate for Security for Costs eform to indicate the amount of security provided and that security is provided by depositing the sum in the Registry or by depositing the sum with the Accountant-General, as the case may be. You will be prompted to upload the receipt(s) for payment in at Step 2. Please upload the relevant receipt(s) accordingly.
  • If your answer is “No (Others)”: Edit the Certificate for Security for Costs eform to indicate the amount of security provided and describe the other form of security accepted by the parties. Add and upload the relevant supporting document, eg. parties’ agreement in writing in relation to security, as an “Other Supporting Document” at Step 2.

3. If no security for costs has been provided by the Appellant, please select “No” to the question “Are you filing the Certificate for Security for Costs with this Notice of Appeal”. The question “Please indicate the reason for not filing the Certificate for Security for Costs” and a drop-down list would appear. Please select the relevant drop-down option and fill in the relevant details.

4. Please also take note of the points above when filing (a) an Originating Application to the Court of Appeal or Appellate Division of the High Court; and (b) a summons to the Court of Appeal or Appellate Division of the High Court. In such instances, security for costs would also have to be provided, and the pointers set out above would apply.

Filing written submissions

5. There are different document titles (referred to here as “document code”) for written submissions for different types of matters. Please ensure that the correct document code is selected.

6. Please refer to the following table for the correct document code:

Filing the Appellant’s Case, Respondent’s Case, Appellant’s Reply and Core Bundle for appeals under Order 19 of the Rules of Court 2021

7. For appeals under Order 19 of the Rules of Court 2021 the following document codes should be selected, depending on the document being filed for the Order 19 appeal:

1. “Appellant’s Case for O 19”
2. “Respondent’s Case for O 19”
3. “Appellant’s Reply for O 19”

8. In relation to core bundles, please note the following points:

• The Appellant’s Core Bundle should be filed in at least two separate volumes. As there are different fee charges and page limits for Volume A and Volume B, the correct document code must be selected:
  1. a. “Appellant’s Core Bundle (Volume A)”: This document code should be selected for the bundle that contains the written Judgment / grounds of decision of the lower court and extracted order of the lower court.
  
  
  2. b.“Appellant’s Core Bundle (Volume B)”: This document code should be selected for all other bundles aside from the bundle that contains the written Judgment / grounds of decision of the lower court and extracted order of the lower court. In the event Volume B comprises sub-volumes, please select the document code “Appellant’s Core Bundle (Volume B) for all sub-volumes and rename the document title as “Appellant’s Core Bundle (Volume B)(Part A)” and “Appellant’s Core Bundle (Volume B)(Part B)” and so on. Please do not select “Other Supporting Documents” for the other volumes.
  
  
• Unlike the Appellant’s Core Bundle where there are different document codes for Volume A and Volume B, there is only one document code (ie, “Respondent’s Core Bundle”) for the Respondent’s Core Bundle.


• Please note that the Appellant’s Core Bundle (Volume A) and Appellant’s Core Bundle (Volume B) must be filed separately from the Appellant’s Case for O 19 i.e. they should not be uploaded as “Other Supporting Documents” to the Appellant’s Case for O 19. This is to ensure the accuracy of the computation of document fees by the system. The same applies to the Respondent’s Core Bundle, as well as to the Second Core Bundle that may be filed at the same time as the Appellant’s Reply.

Filing documents for permission to appeal

9. When commencing an Originating Application for permission to appeal, please file the following items in a single work item:

1. “Originating application” - When composing the Originating Application at Step 2 of the filing, please delete paragraph 3 of the eform (“The evidence supporting this originating application is stated in the accompanying affidavit of (state the name of the person making the affidavit and the filing date). (Please delete this paragraph if it is not applicable.) ”) unless permission has been obtained from the Court of Appeal or the Appellate Division of the High Court for an affidavit to be filed.
2. “Certificate for Security for Costs”
3. “Written Submissions for Permission to Appeal”
4. “Bundle of Documents for Permission to Appeal”  – This document code can be selected from the drop-down list when clicking on “Add Document” at Step 2 of filing the Originating Application for permission to appeal.
5. “Bundle of Authorities” or “List of Authorities” – This document code can be selected from the drop-down list when clicking on “Add Document” at Step 2 of filing the Originating Application for permission to appeal.

10. The documents of the respondent in the application for permission to appeal should be filed in separate work items:

1. “Written Submissions for Permission to Appeal”
2. “Bundle of Documents for Permission to Appeal” - Please select this document code under the “Appeals” category, not the “Bundle of Documents” document code under the “Trial/Hearings Related” category.
3. “Bundle of Authorities”  or “List of Authorities”– Please select these document codes under the “Appeals” category, not the “Bundle of Authorities” or “List of Authorities” document codes under the “Trial/Hearings Related” category.

• Part 4 and Part 5 of the Supreme Court of Judicature Act.
• Order 18, Order 19 and Fourth Schedule of the Rules of Court 2021.

Upon the filing of Form 34 and if there are no outstanding issues relating to costs or other matters, 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.

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 Court of Appeal for directions on the disposal of the security for costs.

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. The appeal will proceed by way of a rehearing on the documents filed by the parties before the Appellate Division of the High Court.

You should refer to the following table for the documents that are to be filed and served for the appeal. When you are required to file and serve these documents would depend on the certification given by the Appellate Division of the High Court concerning the grounds of decision. Please refer to Order 18 Rule 33(5) of the Rules of Court 2021 for the timelines that are applicable to your case.

For Order 19 appeals

You will receive a notice of appeal from the party who filed the appeal. After that, you will receive the supplemental record of appeal, appellant’s case (including any bundle of authorities), appellant’s core bundle of documents and appellant’s Appeals Information Sheet.

You must file the following documents within 28 days of the service of the appellant’s case.

For both Order 18 appeals and Order 19 appeals

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 Rules of Court 2021. This means giving them a copy of the document in any of the ways set out in Order 7 Rule 3 of the Rules of Court 2021.

Please refer to Points to note for Order 18 appeals and Order 19 appeals.

For Order 18 appeals, both parties can only file one set of written submissions and both parties cannot file a further reply