Singapore legislation

Clause 8

of Supreme Court of Judicature (Amendment No. 2) Bill

Clause 8

Repeal and re‑enactment of section 36

Section 36 of the principal Act is repealed and the following section substituted therefor:“Incidental directions and interim orders36.—

(1)

In any appeal or application pending before the Court of Appeal (called in this section the pending matter), the Court of Appeal may, on its own motion or on the application of any party, at any time make one or more of the following directions and orders:

(a)

any direction 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.(2) Despite section 30(1), the Court of Appeal is duly constituted to make any direction or order mentioned in subsection (1) if it consists of —

(a)

one Judge of Appeal; or

(b)

2 Judges of Appeal.(3) The Court of Appeal may discharge or vary any direction or order made under subsection (1) by a Court of Appeal consisting of one Judge of Appeal.(4) Despite section 30(1), the Court of Appeal is duly constituted to discharge or vary any direction or order mentioned in subsection (3) if it consists of 2 Judges of Appeal.(5) An application to discharge or vary any direction or order mentioned in subsection (3) may be made only with the leave of a Judge of Appeal.(6) An order of a Judge of Appeal giving or refusing leave under subsection (5) is final.”.

Clause 8 — Supreme Court of Judicature (Amendment No. 2) Bill