Singapore legislation

Section 494

of Copyright Act 2021

Section 494

Reference of question of law arising in case to General Division of High Court

(1)

A Tribunal may, in accordance with this section, refer a question of law arising in any case before the Tribunal for the opinion of the General Division of the High Court.

(2)

A reference is to be made by way of a case stated.

(3)

A reference —

(a)

may be made by the Tribunal on its own motion (whether or not it has decided the case);

(b)

may be made by the Tribunal on the request of a party, which request may only be made —

(i)

before the Tribunal decides the case; or

(ii)

within 14 days after the date on which the Tribunal decides the case; and

(c)

must be made by the Tribunal if it is so directed by the General Division of the High Court in an application, which application may only be made —

(i)

by a party who made a request under paragraph (b) that was refused by the Tribunal; and

(ii)

within 14 days after the date of the refusal.

(4)

Every party to the case is entitled to be heard in a reference under subsection (1) or an application under subsection (3)(c).

(5)

Where a reference is made —

(a)

the General Division of the High Court is to give its opinion on the referred question of law and remit the case to the Tribunal; and

(b)

the Tribunal must then give effect to the opinion of the General Division of the High Court and for this purpose may —

(i)

reconsider or rehear any matter in the case;

(ii)

modify or revoke any order previously made by the Tribunal; and

(iii)

make a fresh order.

(6)

The decision of the General Division of the High Court on a reference is final.

(7)

In this section, “question of law” does not include a question whether there is sufficient evidence to justify a finding of fact by a Tribunal.