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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

This is the process to appeal against a civil decision by a judge in the General Division of the High Court.

If you wish to appeal a decision by another court officer, you may refer to:

If you are unsure who made the decision, contact the court to check.

General Overview

Under the Rules of Court 2021, there are different processes governing Order 18 and Order 19 appeals that are made to the Court of Appeal and the Appellate Division of the High Court.

Order 18 appeals

Order 18 governs appeals from applications in actions.

 

Order 19 appeals

Order 19 governs appeals from judgments and orders after trial. “Trial” is defined to mean the hearing on the merits of an originating claim or an originating application

“Judgment” under Order 19 of the Rules of Court 2021 means a judgment given by the lower court: 

(a) in a trial, and includes a case where judgment is given or the action is dismissed at trial because one or more parties are absent;

(b) after damages are assessed or accounts are taken;

(c) in an application for a committal order for contempt of court;

(d) in an application for a prerogative order; or

(e) in an appeal against a judgment described in paragraphs (a) to (d).


Who can appeal

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

  • Party who filed a claim or an application: claimant 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 a judge in the General Division of the High Court if you are not satisfied with it and wish to reverse or vary it.

For example, you may refer to the Fourth 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.
  • A judge makes an order giving or refusing further and better particulars.
  • A judge makes an order giving leave to amend a pleading (except for certain exceptions set out in the Fourth Schedule to the Supreme Court of Judicature Act).
  • A judge makes an order refusing security for costs.

Which court will hear your appeal

Civil appeals against decisions of the General Division of the High Court are allocated between the Court of Appeal and the Appellate Division of the High Court in accordance with the Supreme Court of Judicature Act.

  • The Court of Appeal hears prescribed categories of civil appeals which are set out in the Sixth Schedule to the Supreme Court of Judicature Act, as well as appeals that are to be made to the Court of Appeal under written law.
  • The Appellate Division of the High Court hears civil appeals against any decision made by the General Division of the High Court that are not allocated to the Court of Appeal, as well as appeals that are to be made to the Appellate Division under written law.

Before you appeal: check if permission to appeal is needed

You need to apply for the appellate court's leave (permission) to appeal if any of the following applies to your case:

For example, you may refer to Section 29A and the Fifth Schedule to the Supreme Court of Judicature Act for cases that require leave to appeal.

Some common examples include cases where:

  • A judge makes an order giving unconditional leave to defend any proceedings.
  • The only issue in the appeal relates to costs or fees for hearing dates.
  • A judge makes an order giving security for costs.
  • A judge makes an order giving or refusing discovery or inspection of documents.
  • A judge makes an order refusing a stay of proceedings.

Key facts

Refer to the following on how to apply for permission to appeal against decision of a judge in the General 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 filePlease see below for more information.
Possible outcomes of the applicationPlease see below for more information.
Common issues and points to note when filing Please see below for more information.

Estimated fees

The estimated fees include:

Item or service

Fee

File the Originating Applications

  • 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 limits are 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:

  • $20 per page for the first 10 pages or less exceeding the limit; and
  • N + $20 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 $200 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.

If you are representing yourself, follow these steps to apply to the Appellate Division of the High Court or the Court of Appeal for permission to appeal. 

1. File the documents via eLitigation

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 24/25, Appendix B, 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 (if any). Please note that a bundle of authorities does not have to be filed electronically. However, if you choose not to file a bundle of authorities electronically: (i) you are required to file a list of authorities electronically (that corresponds to the index of the actual copy of the bundle of authorities); and (ii) a 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 appellate court. 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 Applications issued by the court.

2. Serve the documents on the respondent

You must serve the Originating Application on the other party (the respondent) through personal service as defined under Order 7 Rule 2 of the Rules of Court 2021. 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 Appellate Division of the High Court or the Court of Appeal will inform you if there will be an oral hearing to decide whether to grant you permission 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 Appellate Division of the High Court or the Court of Appeal:

If the Appellate Division of the High Court or the Court of Appeal grants you permission

If you have been granted permission to appeal, you should take note of the timelines for you to file and serve the notice of appeal.

You must file and serve the notice of appeal in Form 35 of Appendix A, Supreme Court Practice Directions 2021 against the General Division of the High Court’s decision within:

  • 1 month after the date on which permission to appeal is granted if the application for permission to appeal is filed before 1 April 2022. 
  • 14 days after the date on which permission to appeal is granted if the application for permission to appeal is filed on or after 1 April 2022.

If the Appellate Division of the High Court or the Court of Appeal does not grant you permission

That is the end of the matter. You cannot proceed with the appeal.

You should refer to the following table which sets out some of the common issues relating to applications for permission to appeal to the Court of Appeal and the Appellate Division of the High Court which applicants should take note of.

This table only applies to applications for permission to appeal filed 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 Rules of Court 2021 and the Supreme Court Practice Directions 2021.

Issue

Points to note

Grounds for application for permission to appeal against a decision of the General Division of the High Court

The non-exhaustive grounds for an application for permission to appeal against a decision of the General Division of the High Court are: 

  • prima facie case of error;
  • question of general principle decided for the first time; and 
  • question of importance upon which further argument and a decision of a higher tribunal would be to the public advantage.

See, for example, Lee Kuan Yew v Tang Liang Hong and another [1997] 2 SLR(R) 862 at [16]. 

When considering whether to rely on the ground of a prima facie case of error, applicants should bear in mind that this ground is generally not satisfied where the decision in question was well-reasoned and amply supported by the available evidence: see, for example, Virtual Map (Singapore) Pte Ltd v Singapore Land Authority and another application [2009] 2 SLR(R) 558 at [34]. Furthermore, applicants should state and explain how this prima facie case of error had a significant bearing on the eventual outcome of the decision in respect of which leave to appeal is sought.

When considering whether to rely on the ground that there is a question of general principle decided for the first time (“Question”), applicants should bear in mind that this ground is generally not met where:

  • there have been other decisions on the Questions; or 
  • the Question concerns an application of principles to the facts of the case. 

See, for example, Werner Samuel Vuillemin v Oversea-Chinese Banking Corp Ltd [2017] 3 SLR 501 at [47] and [48]. Furthermore, applicants should state and explain how this Question arose from the decision and reasoning of the court below: see, for example, Ho Soo Fong and another v Ho Pak Kim Realty Co Pte Ltd (in liquidation) [2021] SGHC(A) 11 at [8].

When considering whether to rely on the ground that there is a question of importance upon which further argument and a decision of a higher tribunal would be to the public advantage (“Public Importance Question”), applicants should bear in mind that this ground is generally not met where there is a “mere application of [a test set out in another case] to a given factual scenario”: see, for example, Hwa Aik Engineering Pte Ltd v Munshi Mohammad Faiz and another [2021] 1 SLR 1288 at [24]. Furthermore, applicants should state and explain how the outcome they seek in relation to the Public Importance Question also has a material bearing on the outcome of the main hearing of the appeal if leave is granted: see, for example, CLI v CLJ [2021] SGHC(A) 3 at [12].

Court to which the application should be made 

You should refer to Section 29A of the Supreme Court of Judicature Act which provides when leave is required to appeal against a decision of the General Division of the High Court in the exercise of its original or appellate civil jurisdiction. 

Generally, where leave to appeal is required, the application (via an originating summons) should be made directly to the Court of Appeal or the Appellate Division. Save for a case where any written law specifies the court from which leave must be obtained, please refer to Paragraph 1 of the Fifth Schedule to the Supreme Court of Judicature Act to determine which is the correct appellate court to hear the application.

The application should not be filed in the General Division of the High Court via a summons.

Timelines for the filing of an application

When filing an application for permission to appeal, you should consider whether Section 29B of the Supreme Court of Judicature Act applies to the decision of the General Division of the High Court. 

Section 29B of the Supreme Court of Judicature Act provides that a judge may hear further arguments in respect of a decision made by the judge in the exercise of the original or appellate civil jurisdiction of the General Division of the High Court after any hearing other than a trial of an action, if certain conditions are met.

If Section 29B of the Supreme Court of Judicature Act applies to the decision of the General Division of the High Court , different timelines for the filing of an application for permission to appeal may apply under the Rules of Court 2021. These timelines seek to ensure that there is finality in the decision being appealed against before the application for permission to appeal is considered.

General Division of the High Court’s decision is made before 1 April 2022 but application for permission to appeal is filed on or after that date

If the General Division of the High Court’s decision in respect of which you are seeking permission to appeal was made before 1 April 2022, but the application for permission to appeal is filed on or after that date, the timelines for filing the application are the same as those under the revoked Rules of Court (as in force immediately before 1 April 2022). For such applications:

  • You must file the application within 7 working days after the date of the General Division of the High Court’s decision; or
  • Where Section 29B of the Supreme Court of Judicature Act applies
    • In cases where the judge hears further arguments in respect of the decision, the application should be made within 7 working days after the date the judge affirms, varies or sets aside the decision after hearing further arguments.
    • In cases where a request for further arguments was made, but the judge certifies or is deemed to have certified that no further arguments are required, the application should be made within 7 working days after the date the judge certifies or is deemed to have certified that no further arguments are required.
    • In any other case, the application should be made within 7 working days after either: (i) the time on which the judgment or order was extracted; or (ii) the 15th day after the date on which the decision was made, whichever is earlier.

The other requirements in the Rules of Court 2021 and Supreme Court Practice Directions 2021 will apply to the documents to be filed for the above applications.

General Division of the High Court’s decision is made on or after 1 April 2022

If the General Division of the High Court’s decision in respect of which you are seeking permission to appeal was made on or after 1 April 2022, you must file and serve the application and the accompanying documents within 14 days after the date of the General Division of the High Court’s decision (refer to Order 18 Rule 29(1) and Order 19 Rule 26(1) of the Rules of Court 2021). 

However, where a request for further arguments has been made in respect of the General Division of the High Court’s decision pursuant to Section 29B of the Supreme Court of Judicature Act, you should not file an application for permission to appeal until the judge either:

  • Affirms, varies or sets aside the decision after hearing further arguments or
  • Certifies, or is deemed to have certified, that no further arguments are required.

You must file and serve the application for permission to appeal within 14 days after the relevant date mentioned above (refer to Order 18 Rule 29(3) and Order 19 Rule 26(3) of the Rules of Court 2021).

Documentation and filing issues 

To avoid errors, you should note the following:

  • As an applicant, you must provide security for the opposing party’s costs in the amount of $5,000 and file the requisite certificate for security for costs in Form 36, Appendix A, Supreme Court Practice Directions 2021, as required under Order 18 Rule 35(5) and Order 19 Rule 35(6) of the Rules of Court 2021.
  • Affidavits cannot be filed for an application for permission to appeal without the permission of court.
  • As an applicant, you must file the application, the written submissions, a bundle of documents (if any) and a bundle of authorities (if any) at the same time.
  • If you are the party opposing the application, you must file written submissions, a bundle of documents (if any) and a bundle of authorities (if any) at the same time within 14 days after the applicant has served the application documents.
  • You should also take note of the prescribed page limits for the written submissions and bundle of documents which are set out in the Rules of Court 2021.
    • Written submissions should not exceed 15 pages.
    • The bundle of documents should not exceed 25 pages.
    • These page limits include the cover page and any table of contents.
  • Under the Supreme Court Practice Directions 2021:

    • Cover pages are mandatory for all documents.
    • A table of contents is mandatory for all documents for which the prescribed page limit is 20 pages or higher.
Formatting requirements for written submissions

When preparing the written submissions, you should use the correct form prescribed by Paragraph 126(1) of the Supreme Court Practice Directions 2021 (Form 24/25 of Appendix B) and make sure the written submissions comply with the formatting requirements set out in Paragraph 120(2) of the Supreme Court Practice Directions 2021

You should also note that:

  • Where the written submissions refer to a document, you should indicate where the document can be found in the bundle of documents. If the document is not in the bundle of documents, you should provide: (i) a clear description of the document; (ii) the date on which the document was electronically filed; and (iii) where the document forms part of an electronic filing, the exact page of the PDF version of the electronic filing where the document may be found.
  • Written submissions should include a party’s submissions on costs. A party should state the appropriate costs order and the quantum (including disbursements) which should be awarded and the reasons for it.

Appeal against a decision made by a judge in the General Division of the High Court

Key facts

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

When to file and serve

Appeals from applications in actions (Order 18 appeals)
In general, the notice of appeal in Form 35, Appendix A, Supreme Court Practice Directions 2021 must be filed and served on the opposing party within 14 days after the judge’s decision, including on costs (refer to Order 18 Rule 27 of the Rules of Court 2021). 

Appeals from judgments and orders after trials (Order 19 appeals)
In general, the notice of appeal in Form 35, Appendix A, Supreme Court Practice Directions 2021 must be filed and served on the opposing party within 28 days after the judge’s decision, including on costs (refer to Order 19 Rule 25 of the Rules of Court 2021).

Points to note for both Order 18 appeals and Order 19 appeals

Refer to this table for more information on when the time for the filing of an appeal starts to run.

Where the appeal arises from a judge’s decision rendered before 1 April 2022, the timelines prescribed under the revoked Rules of Court (as in force immediately before 1 April 2022) for the filing of the notice of appeal will apply.

If a request for further arguments has been made under Section 29B of the Supreme Court of Judicature Act, the time for filing a notice of appeal begins on the date the judge affirms, varies or sets aside the decision after hearing the further arguments, or certifies or is deemed to have certified that no further arguments are required.

Estimated fees

Refer to this list.

Who will hear the appeal

Judges sitting in the Court of Appeal or the Appellate 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

The time for the filing of a notice of appeal does not start to run until the judge 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).

In the case of decisions made by a judge arising from matters in a Single Application Pending Trial (SAPT), the time for filing of an appeal and for filing of an application for permission to appeal to the appellate court does not start to run until the judge has heard and determined all matters before the judge, including any appeal against the decision of the registrar. However, in the appropriate case the court may order otherwise. A table illustrating when time starts to run under certain common scenarios is set out below (refer to Order 18 Rule 3 of the Rules of Court 2021).

Nature of ApplicationWhen 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, or a registrar’s appeal on such matter).When the judge has heard and determined the application / appeal, including costs.
In a SAPT with one or more matters to be heard before a registrar and one or more matters to be heard before a judge.When the judge has heard and determined all the matters before the judge, including any appeal against the decision of the registrar and costs.
In a SAPT and a request is made for the judge to hear further arguments in respect of one or more matters in the SAPT. When the judge affirms, varies or sets aside the decision after hearing the further arguments, or certifies or is deemed to have certified that no further arguments are required.
In a SAPT with some matters requiring permission to appeal and some matters being appealable as of right.When the judge has heard and determined all these matters, including costs.

For matters in the SAPT that are appealable as of right, a notice of appeal is to be filed.

For those matters in the SAPT that require permission to appeal, an application for such permission is to be filed in the appellate court.

Each party must file a separate notice of appeal for matters which require permission to appeal, and for matters which do not require permission to appeal (refer to Order 18 Rule 4(2) of the Rules of Court 2021).

Estimated fees

The estimated fees include:

Item or service

Fee

Security for costs

$15,000 for appeals from applications in actions (Order 18 appeals)

$20,000 for appeals from judgments and orders after trials (Order 19 appeals)

File the notice of appeal
  • If the value of your case is up to $1 million: $1,000
  • If the value of your case is more than $1 million: $2,000

File the written submissions (for Order 18 appeals)

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 set out at the last row of this table.

File the appellant's Case (for Order 19 appeals)

$3,000 if the page limit is not 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 set out at the last row of this table.

File the core bundle (for Order 19 appeals)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, see Fees imposed for exceeding page limit
Fees imposed for exceeding page limit

Where the page limit for the written submissions (for Order 18 appeals), the appellant’s Case (for Order 19 appeals) and core bundle (for Order 19 appeals) is exceeded, the fees that will be imposed are:

  • $20 per page for the first 10 pages or less exceeding the limit; and
  • N + $20 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 $200 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:

The security for costs serves as a deposit for the respondent’s costs of appeal. The amount depends on whether the appeal falls under Order 18 or Order 19 of the Rules of Court 2021 (refer to Order 18 Rule 30(5) and Order 19 Rule 27(5) of the Rules of Court 2021):

Order 18 Appeals $15,000

Order 19 Appeals $20,000

The appellate court 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:

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. 

    After you file

    You will receive a notice to collect the record of proceedings, written decision or certified transcript 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 7 Rule 3 of the Rules of Court 2021.

    What documents to file and serve

    The documents that are required to be filed and served would depend on whether the appeal falls within Order 18 or Order 19 of the Rules of Court 2021.

    Order 18 Appeals 

    The appeal will proceed by way of a rehearing on the documents filed by the parties before the lower 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 lower 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.

    Written submissions (including any bundle of authorities)

    Please note that there is a prescribed page limit of 35 pages for the written submissions.

    The written submissions must include, in the concluding paragraphs, submissions on the appropriate costs orders to be made in the appeal.

    If you refer to a document in the written submissions, you should indicate where the document can be found in the case file in the proceedings in the lower court. You should provide: (a) a clear description of the document; (b) the date on which the document was electronically filed; and (c) where the document forms part of an electronic filing, the exact page in the PDF version of the electronic filing where the document may be found.

    Appeals Information Sheet

    This is to be completed using Form 19, Appendix B, Supreme Court Practice Directions 2021 and is to be filed and served along with the written submissions. 

      Order 19 Appeals

      To proceed with the appeal, you should file and serve all of the following documents within 8 weeks after the date on which the Registry informs the parties that the record of proceedings is available (refer to Order 19 Rule 30(4) of the Rules of Court 2021):

      Record of Appeal

      Please refer to Form 21, Appendix B, Supreme Court Practice Directions 2021. 

      When preparing the record of appeal, please refer to the requirements set out in Paragraph 121 of the Supreme Court Practice Directions 2021.

      Appellant’s Case (including any bundle of authorities)

      Please note that there is a prescribed page limit of 55 pages for the appellant’s Case. 

      The appellant’s Case must contain certain information (refer to Order 19 Rule 31 of the Rules of Court 2021). For example, it should contain:

      • the circumstances out of which the appeal arises;
      • the issues arising in the appeal;
      • your arguments (submissions) for the appeal and authorities (relevant case law, statutes, subsidiary legislation and other material) that support your submissions; and
      • in the concluding paragraphs, your submissions on the appropriate costs order to be made on appeal and submissions on the amount of costs and disbursements that should be awarded.

        Appellant’s core bundle of documents

        Please note that there is a prescribed page limit of 55 pages, excluding the written judgment or grounds of decision of the lower court (if any) and the extracted order of the lower court.

        When preparing the core bundle of documents, please refer to the requirements set out in Paragraph 121 of the Supreme Court Practice Directions 2021. In particular, note that the contents of the appellant’s core bundle of documents must be arranged in the following separate volumes and filed as separate documents:

        • Volume I – A certified copy of the judgment or grounds of decision of the lower court, the extracted order of the lower court, and a contents page listing the documents included.
        • Volume II – All other documents referred to in Order 19 Rule 3 of the Rules of Court 2021 and a table of contents listing the documents included.
        Appeals Information SheetThis is to be completed using Form 19, Appendix B, Supreme Court Practice Directions 2021 and is to be filed and served along with the appellant’s Case.

        Points to note for Order 18 appeals and Order 19 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 Rules of Court 2021 and the Supreme Court Practice Directions 2021.

        Cover page(s) and table of contents

        The cover page(s) and the table of contentsare to be included in the page count for the purposes of determining whether adocument is within the prescribed page limit.

        Cover page(s) are mandatory for all documentsand must be included at the beginning of the document.

        A table of contents is mandatory for alldocuments for which the prescribed page limit is 20 pages or higher, and mustbe included at the beginning of the document immediately after the coverpage(s).

        Formatting requirements

        Please refer to Paragraph 120(2) of the Supreme Court Practice Directions 2021 for the formatting requirements for written Cases and written submissions:

        • all pages must be paginated, with the page numbers corresponding to the PDF version of the document;
        • the minimum font size to be used is Times New Roman 12 or its equivalent;
        • the print of every page must be double-spaced; and
        • every page must have a margin on all 4 sides, each of at least 35 mm in width.

          Electronic filing

           

          Save for the following documents, all documents (including the core bundle of documents) that are required to befiled are to be electronically filed through eLitigation by the relevant deadlines:

          • The record of appeal does not have to be filed electronically. However, if you choose not to file the record of appeal electronically, you are required to file the form of the record of appeal in Form 21, Appendix B, Supreme Court Practice Directions 2021. A soft copy of the record of appeal in Portable Document Format (PDF) in a CD-ROM must be tendered to the Registry.
          • A bundle of authorities does not have to be filed electronically. However, if you choose not to file a bundle of authorities electronically: (i) you are required to file a list of authorities electronically (that corresponds to the index of the actual copy of the bundle of authorities); and (ii) a soft copy of the bundle of authorities in Portable Document Format (PDF) in a CD-ROM must be tendered to the Registry.
          Provision of hard copies and soft copies

          For Order 18 appeals, please refer to Paragraph 122(7) to (8) of the Supreme Court Practice Directions 2021 for the tendering of written submissions and bundle of authorities.

          For Order 19 appeals, please refer to Paragraph 122(9) to (11) of the Supreme Court Practice Directions 2021 for the tendering of written Cases, core bundles, record of appeal and bundle of authorities.

          For both Order 18 appeals and Order 19 appeals, please refer to Paragraph 122(16) and (17) of the Supreme Court Practice Directions 2021 for the naming convention for documents in the CD-ROMs that are required to be tendered and the labelling of the CD-ROM.

           

          At your appeal hearing

          The Court of Appeal or the Appellate Division of the High Court 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 more

          Resources

          Legislation associated with this topic includes:

          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 of the withdrawal of the appeal in Form 34, 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 appellate court 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.

          For Order 18 Appeals

          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 lower 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 lower 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

          Written submissions (including any bundle of authorities)

          Please note that there is a prescribed page limit of 35 pages for the written submissions. 

          The written submissions must include, in the concluding paragraphs, submissions on the appropriate costs orders to be made in the appeal.

          If you refer to a document in the written submissions, you should indicate where the document can be found in the case file in the proceedings in the lower court. You should provide: (a) a clear description of the document; (b) the date on which the document was electronically filed; and (c) where the document forms part of an electronic filing, the exact page in the PDF version of the electronic filing where the document may be found. 
          Appeals Information SheetThis is to be completed using Form 19, Appendix B, Supreme Court Practice Directions 2021 and is to be filed and served along with the written submissions.

          For Order 19 Appeals

          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), 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.

          Respondent’s Case (including any bundle of authorities)

          Please note that there is a prescribed page limit of 55 pages for the respondent’s Case. 

          The respondent’s Case must contain certain information (refer to Order 19 Rule 31  of the Rules of Court 2021). For example, it should contain:

          • your arguments (submissions) for the appeal and authorities (relevant case law, statutes, subsidiary legislation and other material) that support your submissions;
          • in the concluding paragraphs of the respondent’s Case, 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.

          The estimated fee for the filing of a respondent’s Case is $1,000 if the page limit is not exceeded. You will need the permission of the court to exceed the prescribed page limit. If you have such permission, see Fees imposed for exceeding page limit. (This does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau.)


          Respondent’s core bundle of documents (if any)


          Please note that there is a prescribed page limit of 35 pages.

          When preparing the core bundle of documents, please refer to the requirements set out in Paragraph 121 of the Supreme Court Practice Directions 2021.

          Please note that you should not exhibit duplicate documents in the respondent’s core bundle of documents if such documents are already included in the appellant’s core bundle of documents.

          Appeals Information SheetThis is to be completed using Form 19, Appendix B, Supreme Court Practice Directions 2021 and is to be filed and served along with the respondent’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 documentin 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 19 appeals, you may file an appellant’s Reply within 14 days after the respondent’s Case is served on you. The prescribed page limit is 25 pages. Please refer to Order 19 Rule 30(11) and Order 19 Rule 31(4) of the Rules of Court 2021.

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

          Alert-2 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.


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