Singapore legislation
Schedule 5
Schedule 5
Cases that are appealable only with leave
FIFTH SCHEDULESections 34(2) and (4) and 83Cases that are appealable only with leave
1. Subject to paragraphs 4 and 5, an appeal may be brought to the Court of Appeal only with the leave of the High Court or the Court of Appeal, in any of the following cases:
where by any written law for the time being in force, it is expressly declared that the appeal may be brought only with the leave of the High Court or the Court of Appeal, or that no such appeal is to be brought except with the leave of the High Court or the Court of Appeal;
where the only issue in the appeal relates to costs or fees for hearing dates;
where a Judge in chambers makes a decision in a summary way on an interpleader summons where the facts are not in dispute;
where a Judge makes an order refusing leave to amend a pleading, except if —
the application for such leave is made after the expiry of any relevant period of limitation current at the date of issue of the writ of summons; and
the amendment is an amendment to correct the name of a party or to alter the capacity in which a party sues, or the effect of the amendment will be to add or substitute a new cause of action;
where a Judge makes an order giving security for costs;
where a Judge makes an order giving or refusing discovery or inspection of documents;
where a Judge makes an order refusing a stay of proceedings;
where a Judge makes an order at the hearing of any interlocutory application other than an application for any of the following matters:
for summary judgment;
to set aside a default judgment;
to strike out an action or a matter commenced by a writ of summons or by any other originating process, a pleading or a part of a pleading;
to dismiss an action or a matter commenced by a writ of summons or by any other originating process;
for further and better particulars;
for leave to amend a pleading;
for security for costs;
for discovery or inspection of documents;
for interrogatories to be varied or withdrawn, or for leave to serve interrogatories;
for a stay of proceedings;
where the appeal is from any decision, judgment or order of the High Court involving the exercise of its appellate civil jurisdiction in any of the following circumstances:
the hearing of any appeal from a District Court or Magistrate’s Court when exercising jurisdiction of a quasi‑criminal or civil nature in any family proceedings (not being probate proceedings), being an appeal commenced in the High Court before 1 October 2014;
the hearing of any appeal or special case from the Tribunal for the Maintenance of Parents, being an appeal or a special case commenced in the High Court before 1 October 2014;
the hearing of any appeal from any contentious probate proceedings commenced in a District Court, being an appeal commenced in the High Court before 1 January 2015.
2. An appeal may be brought to the Court of Appeal only with the leave of a Judge of the Family Division of the High Court, or of the Court of Appeal, from any decision, judgment or order of the Family Division of the High Court involving the exercise of the appellate civil jurisdiction mentioned in section 23 of the Family Justice Act 2014 (Act 27 of 2014).
3. Section 34(2)(a) does not apply to any of the following cases:
any case heard and determined by the High Court in the exercise of its original jurisdiction under any written law which requires that case to be heard and determined by the High Court in the exercise of its original jurisdiction;
any case heard and determined by the Family Division of the High Court in the exercise of its original jurisdiction;
any family proceedings (not being probate proceedings) commenced in the High Court before 1 October 2014 and heard and determined by the High Court in the exercise of its original jurisdiction;
any contentious probate proceedings commenced in the High Court before 1 January 2015 and heard and determined by the High Court in the exercise of its original jurisdiction.
4. Section 34(2)(a) and section 34(2)(b) read with paragraph 1(b) to (h) do not apply to any decision, judgment or order of the High Court involving the exercise of its appellate civil jurisdiction in any of the following circumstances:
the hearing of any appeal from a District Court or Magistrate’s Court when exercising jurisdiction of a quasi‑criminal or civil nature in any family proceedings (not being probate proceedings), being an appeal commenced in the High Court before 1 October 2014;
the hearing of any appeal or special case from the Tribunal for the Maintenance of Parents, being an appeal or a special case commenced in the High Court before 1 October 2014;
the hearing of any appeal from any contentious probate proceedings commenced in a District Court, being an appeal commenced in the High Court before 1 January 2015.
5. Section 34(2)(a) and section 34(2)(b) read with paragraph 1(b) to (h) do not apply to any decision, judgment or order of the Family Division of the High Court involving the exercise of the appellate civil jurisdiction mentioned in section 23 of the Family Justice Act 2014.
6. In this Schedule —“family proceedings” has the meaning given by section 2(1) of the Family Justice Act 2014;“probate proceedings” has the meaning given by section 47(13) of the Family Justice Act 2014.”.