Singapore legislation

Schedule “FOURTH SCHEDULE

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

Schedule “FOURTH SCHEDULE

Cases that are non‑appealable

Sections 34(1), 80(2A)(i) and 83Cases that are non‑appealable

1. Subject to paragraph 2, an appeal cannot be brought to the Court of Appeal in any of the following cases:

(a)

where, by any written law for the time being in force, it is expressly declared that the judgment or order of the High Court is final or that no appeal lies from the judgment or order of the High Court;

(b)

where the judgment or order is made by consent of the parties;

(c)

where a Judge makes an order giving unconditional leave to defend any proceedings;

(d)

where a Judge makes an order giving leave to defend any proceedings on condition that the party defending those proceedings pays into court or gives security for the sum claimed, except if the appellant is that party;

(e)

where a Judge makes an order setting aside unconditionally a default judgment, regardless of how the default judgment was obtained (including whether by reason of a breach of an order of court or otherwise);

(f)

where a Judge makes an order setting aside a default judgment on condition that the party against whom the judgment had been entered pays into court or gives security for the sum claimed, regardless of how the default judgment was obtained (including whether by reason of a breach of an order of court or otherwise), except if the appellant is that party;

(g)

where a Judge makes an order refusing to strike out —

(i)

an action or a matter commenced by a writ of summons or by any other originating process; or

(ii)

a pleading or a part of a pleading;

(h)

where a Judge makes an order giving or refusing further and better particulars;

(i)

where a Judge makes an order giving leave to amend a pleading, except if —

(i)

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

(ii)

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;

(j)

where a Judge makes an order refusing security for costs;

(k)

where a Judge makes an order giving or refusing interrogatories.

2. Paragraph 1 does not apply to the following decisions, judgments or orders:

(a)

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);

(b)

any decision, judgment or order of the High Court involving the exercise of the appellate civil jurisdiction of the High Court in any of the following circumstances:

(i)

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;

(ii)

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;

(iii)

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.

3. 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.