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Civil appeals against decisions made by a registrar in the General Division of the High Court (from 1 April 2022)

Find out how to appeal against a decision by a registrar in the General Division of the High Court for a civil case.

Note

This page is for matters that the Rules of Court 2021 apply to. For content relating to matters that the Rules of Court 2014 apply, click here.

If you are uncertain as to which version of the Rules of Court applies to your matter, click here.

Note

Who can appeal

You should be a party in a civil case, such as the:

Party who filed an application: applicant.
Party against whom an application is filed: respondent.
Third party.

What you can appeal against

You may file an appeal against a decision made by a registrar in the General Division of the High Court if you are not satisfied with it and wish to reverse or vary it.

You do not need permission from the court to file this appeal.

Key facts

Refer to the following on how to appeal against a decision by a registrar in the General Division of the High Court.

Who can file	A party in a civil case in the General Division of the High Court.
What can be appealed	A decision by a registrar in the General Division of the High Court.
When to file and serve	In general, the notice of appeal in Form 35 of the Rules of Court 2021 must be filed and served on the opposing party within 14 days after the registrar’s decision, including on costs (refer to Order 18 Rule 24 of the Rules of Court 2021). However, in respect of appeals arising from matters within a Single Application Pending Trial (SAPT) where all matters in the SAPT are to be heard before the registrar, the time for the filing of an appeal does not start to run until all matters including costs have been heard and determined by the registrar. Refer to this table for more information.
Estimated fees	Refer to this list.
Who will hear the appeal	A judge in the General Division of the High Court.
How to file	Through eLitigation. Please see below for more information.

If you file the appeal, you are the appellant. The other party is the respondent.

When time starts to run

Each party can only file one notice of appeal for each application unless the court directs otherwise.

The time for the filing of a notice of appeal does not start to run until the registrar has heard and determined all matters, including costs (refer to Order 18 Rule 3 and Order 19 Rule 4 of the Rules of Court 2021).

Where the registrar does not hear and determine the issue of costs within 30 days after all other matters have been heard and determined, the time for the filing of a notice of appeal starts to run after the expiry of the 30-day period. This is notwithstanding that the registrar has directed that costs submissions be made (refer to Order 18 Rule 2 and Order 19 Rule 4 of the Rules of Court 2021).

The registrar is deemed to have heard and determined the issue of costs when the registrar 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.
Decided that there is to be no order as to costs or that each party is to bear its own costs (refer to Order 18 Rule 2 and Order 19 Rule 4 of the Rules of Court 2021).

The table below illustrates when time starts to run for the filing and serving of the notice of appeal under certain common scenarios. When time starts to run may still be subject to any other directions the court may give:

Nature of Application	When time starts to run
Non-SAPT (e.g. an application concerning one of the matters under Order 9 Rule 9(7) of the Rules of Court 2021.	When the registrar has heard and determined the application, including costs.
In a SAPT where all the matters are to be heard by a registrar.	When the registrar has heard and determined all the matters in the SAPT, including costs.
In a SAPTwith one or more matters to be heard before a registrar and one or more matters to be heard before a judge.	When the registrar has heard and determined all the matters before the registrar (including costs), even when there are matters that have not been heard and determined by the judge.

Estimated fees

The estimated fees include:

Item or service	Fee
File the notice of appeal	(If the value of your case is up to $1 million) $500 (If the value of your case is more than $1 million) $1,000
File the written submissions	No filing fees unless the page limit is exceeded. You will need the permission of the court to exceed the prescribed page limit. If you have such permission, the fees that will be imposed are: $10 per page for the first 10 pages or less exceeding the limit; and N + $10 per page (where “N” is the fee payable per page for the previous 10 pages) for every subsequent 10 pages or less, subject to a maximum of $100 per page.

Item or service

Fee

File the notice of appeal

(If the value of your case is up to $1 million) $500
(If the value of your case is more than $1 million) $1,000

File the written submissions

No filing fees unless the page limit is exceeded. You will need the permission of the court to exceed the prescribed page limit. If you have such permission, the fees that will be imposed are:

$10 per page for the first 10 pages or less exceeding the limit; and
N + $10 per page (where “N” is the fee payable per page for the previous 10 pages) for every subsequent 10 pages or less, subject to a maximum of $100 per page.

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.

If you are representing yourself, visit the LawNet & CrimsonLogic Service Bureau at the Supreme Court to file the notice of appeal (Form 35, Appendix A of the Supreme Court Practice Directions 2021) via eLitigation. 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. This will include the details of your appeal hearing.

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

After you file

Both you and the respondent must attend court for the appeal hearing at the date and time mentioned in the notice of 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

Only written submissions no more than 35 pages long (including the cover page and table of contents) and bundle of authorities (if any) may be filed for the appeal, unless the judge orders otherwise.

The parties to the appeal must file their written submissions in accordance with the timelines set out in Order 18 Rule 25(5) of the Rules of Court 2021. The written submissions must include, in the concluding paragraphs, submissions on the appropriate costs orders to be made in the appeal.

You must tender one hard copy of the written submissions and bundle of authorities (if any) to the Registry within the timelines prescribed in Order 18 Rule 25(5) of the Rules of Court 2021. Refer to Paragraph 114 of the Supreme Court Practice Directions 2021 for more information on the filing of the documents for the appeal.

You must serve the relevant documents for the appeal on the respondent within the prescribed timelines in the Rules of Court 2021. This means giving them a copy of the documents in any of the ways set out in Order 7 Rule 3 of the Rules of the Court 2021.

Both you and the respondent must attend case conferences when notified by the court. Further directions may be provided at the case conferences.

At your appeal hearing

The appeal before the judge will proceed by way of a rehearing on the documents filed by the parties before the registrar. A judge in the General Division of the High Court will decide whether to allow or dismiss your appeal.

During an appeal hearing, the court:

Will ask you (the appellant) to present your arguments for appeal.
Will hear from the respondent, who may respond to your arguments and present their case.
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 will happen 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 more

Resources

Legislation associated with this topic includes:

Order 18 Rule 24, Order 18 Rule 25 and Fourth Schedule of the Rules of Court 2021.

Refer to Part 13 of the Supreme Court Practice Directions 2021.