Singapore legislation

Section 38

of Supreme Court of Judicature Act 1969

Section 38

Summary dismissal of certain matters

Amended by40/201940/201940/201940/2019

(1)

The Appellate Division may summarily dismiss any appeal or application on its own motion if the Appellate Division is satisfied of any of the following:

(a)

the Appellate Division does not have the jurisdiction to hear and determine the appeal or application;

(b)

the Appellate Division or the Court of Appeal has already decided every issue in the appeal or application in an earlier matter in which the appellant or applicant was involved, and the appeal or application therefore has no merit;

(c)

such conditions as may be prescribed by the Rules of Court are met.

Amended by40/2019

(2)

Before summarily dismissing any appeal or application under subsection (1), the Appellate Division must —

(a)

give the appellant or applicant a reasonable opportunity to show cause why the appeal or application should not be summarily dismissed; and

(b)

consider any representations made by the appellant or applicant.

Amended by40/2019

(3)

The Appellate Division may exercise its powers under this section without hearing oral arguments.

Amended by40/2019

(4)

In this section, “appeal” includes part of an appeal and “application” includes part of an application.

Amended by40/2019