Singapore legislation

Section 40

of Supreme Court of Judicature Act 1969

Section 40

Incidental directions and interim orders

Amended by40/201940/201940/201940/201940/2019

(1)

The Appellate Division may make one or more of the following directions and orders in any appeal or application pending before it (called in this section the pending matter):

(a)

any direction or order incidental to the pending matter not involving the decision of the pending matter;

(b)

any interim order to prevent prejudice to the claims of the parties pending the determination of the pending matter;

(c)

any order for security for costs, and for the dismissal of the pending matter for default in furnishing security so ordered.

Amended by40/2019

(2)

A direction or an order under subsection (1) may be made by the Appellate Division on its own motion or on the application of a party.

Amended by40/2019

(3)

A direction or an order under subsection (1) may be made by 2 Judges.

Amended by40/2019

(4)

A direction or an order under subsection (1) may also be made by a single Judge, in which case the following provisions apply:

(a)

the direction or order may be varied or discharged by 2 other Judges; but(b)an application to vary or discharge the direction or order may only be made with the leave of the single Judge or any other Judge, and a decision by any Judge to give or refuse leave is final.

Amended by40/2019

(5)

Subsections (3) and (4) apply despite section 32(1).

Amended by40/2019
Section 40 — Supreme Court of Judicature Act 1969 | laws.sg