Singapore legislation
Clause 12
Clause 12
New Divisions 7, 8 and 9 of Part III
The principal Act is amended by inserting, immediately after section 28A, the following Divisions:“Division 7 — Matters that are non‑appealable or appealable only with leaveNo appeal in certain cases
29. In the following cases, an appeal cannot be brought against a decision of the General Division made in the exercise of its original or appellate civil jurisdiction:
a case where it is expressly provided by any written law that the decision of the General Division is final or that an appeal cannot be brought against the decision of the General Division;
a case specified in the Fourth Schedule, subject to any exception specified in that Schedule.Leave required to appeal in certain cases29A.—
In the following cases, leave is required before an appeal may be brought against a decision of the General Division made in the exercise of its original or appellate civil jurisdiction:
a case where it is expressly provided by any written law that an appeal may be brought only with leave, or that no appeal may be brought except with leave;
subject to any exception specified in the Fifth Schedule, where the amount in dispute, or the value of the subject matter, at the hearing before the General Division (excluding interest and costs) does not exceed $250,000 or such other sum as may be specified by an order made under subsection (3);
subject to any exception specified in the Fifth Schedule, a case specified in paragraphs 3 and 4(1) of that Schedule.(2) For the purposes of subsection (1), leave must be obtained —
in a case where any written law specifies the court from which leave must be obtained, or the court which may grant leave — from the specified court; and
in any other case — from the court specified in the Fifth Schedule.(3) The President may, after consulting with the Chief Justice, by order in the Gazette, specify another sum in substitution of the sum mentioned in subsection (1)(b).Division 8 — Further argumentsFurther arguments before notice of appeal is filed29B.—
This section applies to a decision made by a Judge in the exercise of the original or appellate civil jurisdiction of the General Division, after any hearing other than a trial of an action.(2) Before any notice of appeal is filed against a decision to which this section applies, the Judge who made the decision may hear further arguments in respect of the decision if any party to the hearing, or the Judge, requests for further arguments before the earlier of the following:
the date on which the judgment or order relating to the decision is extracted;
the 15th day after the date on which the decision is made.(3) After hearing further arguments, the Judge may affirm, vary or set aside the decision.(4) If a request for further arguments has been made under subsection (2) —
a notice of appeal may not be filed against the decision until the Judge —
affirms, varies or sets aside the decision after hearing further arguments; or
certifies, or is deemed to have certified, that no further arguments are required; and
the time for filing a notice of appeal in respect of the decision begins on the date the Judge —
affirms, varies or sets aside the decision after hearing further arguments; or
certifies, or is deemed to have certified, that no further arguments are required.(5) To avoid doubt, a party to the hearing may, but is not required to, request for further arguments before the party files a notice of appeal in respect of the decision.Division 9 — Allocation of appealsCourt to which appeal is to be made29C.—
Subject to subsection (2), an appeal against a decision of the General Division in the exercise of its original or appellate civil jurisdiction, whether under this Act or any other written law, is to be made to the Appellate Division.(2) An appeal against a decision of the General Division is to be made to the Court of Appeal if the Sixth Schedule or any other written law so provides.(3) To avoid doubt, this section does not create any right of appeal against a decision of the General Division.Power to transfer appeal to Court of Appeal29D.—
The Court of Appeal may transfer the following appeals to itself:
any appeal against any decision of the General Division that has been made to the Appellate Division;
where an order under section 39A of the Land Acquisition Act (Cap. 152) is in force, any appeal made to the Appellate Division under section 29(2) or 38(2) of the Land Acquisition Act.(2) The power in subsection (1) may be exercised by the Court of Appeal —
on its own motion;
on a reference by the Appellate Division; or
on an application to the Court of Appeal by any party to the appeal, but such an application may only be made —
on the ground that the appeal was not made to the Appellate Division in accordance with section 29C; or
on grounds prescribed by the Rules of Court.(3) In deciding whether to exercise the power in subsection (1), the Court of Appeal is to have regard to matters prescribed by the Rules of Court.(4) To avoid doubt, Rules of Court made for the purpose of subsection (3) may prescribe different matters for the different circumstances mentioned in subsection (2)(a), (b) and (c).(5) To avoid doubt, an appeal may be transferred under subsection (1) even if it was made to the Appellate Division in accordance with section 29C(1).Power to transfer appeal to Appellate Division29E.—
The Court of Appeal may transfer the following appeals to the Appellate Division:
any appeal against any decision made by the General Division in any civil cause or matter in the exercise of the original or appellate civil jurisdiction of the General Division that has been made to the Court of Appeal;
any appeal made to the Court of Appeal under section 29(2) or 38(2) of the Land Acquisition Act.(2) The power in subsection (1) may be exercised by the Court of Appeal —
on its own motion; or
on an application by any party to the appeal, but such an application may only be made on the ground that the appeal was not made to the Court of Appeal in accordance with section 29C.(3) In deciding whether to exercise the power in subsection (1), the Court of Appeal is to have regard to matters prescribed by the Rules of Court.(4) To avoid doubt, Rules of Court made for the purpose of subsection (3) may prescribe different matters for the different circumstances mentioned in subsection (2)(a) and (b).(5) To avoid doubt, an appeal may be transferred under subsection (1) even if it was made to the Court of Appeal in accordance with section 29C(2).”.