Clause 23

Subject to sub‑paragraph (2) and paragraph 4(2), the leave of the appellate court is required to appeal against a decision of the General Division in a case mentioned in section 29A(1)(b).(2) Despite section 29A(1)(b), leave is not required to appeal against the following decisions of the General Division:

any decision of the General Division made in the exercise of its original jurisdiction under any written law which requires that case to be decided by the General Division in the exercise of its original jurisdiction;

any decision of the Family Division of the High Court made in the exercise of its original jurisdiction.Interlocutory decisions, etc.

where a Judge makes an order giving unconditional leave to defend any proceedings; (b)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; (c)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); (d)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; (e)where a Judge makes an order refusing to strike out —

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; (f)where the only issue in the appeal relates to costs or fees for hearing dates;

where a Judge sitting 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 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 a Judge at the hearing of an appeal under section 17, 29, 35 or 44 of the Protection from Online Falsehoods and Manipulation Act 2019 (Act 18 of 2019) refuses to set aside the Part 3 Direction, Part 4 Direction, Declaration or Account Restriction Direction (as the case may be) against which the appeal was brought.Appellate decisions of Family Division4.—

The leave of the appellate court is required to appeal against a decision 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).(2) Section 29A(1)(b), and section 29A(1)(c) read with paragraph 3, do not apply to an appeal against a decision 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.SIXTH SCHEDULESections 29C(2) and 83(1)CIVIL APPEALS TO BE MADE TO COURT OF APPEAL1. For the purposes of section 29C(2), an appeal against a decision of the General Division in the exercise of its original or appellate civil jurisdiction is to be made to the Court of Appeal in the following cases:

the appeal arises from a case relating to constitutional or administrative law (even if the appeal does not raise any issue relating to constitutional or administrative law);

the appeal arises from a case relating to contempt of court (even if the appeal does not raise any issue relating to the law of contempt of court);

the appeal arises from a case relating to the law of arbitration (even if the appeal does not raise any issue relating to the law of arbitration);

the appeal arises from a case relating to the insolvency, restructuring or dissolution of a corporation, limited liability partnership or sub‑fund of a variable capital company (even if the appeal does not raise any issue relating to the law concerning the insolvency, restructuring or dissolution of a corporation, limited liability partnership or sub‑fund of a variable capital company);

the appeal arises from a case relating to the law of patents (even if the appeal does not raise any issue relating to the law of patents);

the appeal is against a decision of the Singapore International Commercial Court;

the appeal is against a decision or order of a Judge sitting in the General Division made under the Parliamentary Elections Act (Cap. 218);

the appeal is against a judgment or order in an action brought under section 47(8) of the Presidential Elections Act (Cap. 240A);

the appeal is made under any of the following written laws:

section 32(1) of the Administration of Justice (Protection) Act 2016 (Act 19 of 2016);

sections 21A(1), 45(7) and 49(11) of the Arbitration Act (Cap. 10);

section 74(4) of the Competition Act (Cap. 50B);

section 10(4) of the International Arbitration Act (Cap. 143A);

section 18(5) of the Maintenance of Parents Act (Cap. 167B);

section 90(3) of the Patents Act (Cap. 221);

section 35(4) of the Personal Data Protection Act 2012 (Act 26 of 2012);

sections 17(8), 29(9), 35(7) and 44(9) of the Protection from Online Falsehoods and Manipulation Act 2019;

the appeal is made under any written law that provides for the appeal to lie to the Court of Appeal.SEVENTH SCHEDULESections 36(1), 54(1) and 83(1) and (1A), and paragraphs 1(a) and (b) and 2(a) of Eighth ScheduleCASES WHERE CIVIL JURISDICTION OF APPELLATE DIVISION OR COURT OF APPEAL CAN BE EXERCISED BY LESS THAN 3 JUDGESAppellate Division cases that may be heard and decided by single Judge or 2 Judges1.—

Despite section 32(1), the following cases may be heard and decided by the Appellate Division consisting of a single Judge or 2 Judges:

an application —

to record a judgment, or an order, that is made by consent of the parties; or

to make an order that is incidental to any such judgment or order;

an application to adduce further evidence in proceedings before the Appellate Division;

an application for costs, or any other matter that remains to be dealt with, after an application or appeal to the Appellate Division is withdrawn;

an application for any direction or order mentioned in section 40(1).(2) Despite section 32(1), the Appellate Division consisting of a single Judge or 2 Judges may —

refer an appeal to the Court of Appeal under section 29D(2)(b); and

for the purposes of paragraph 2(k)(ii), decide whether it is appropriate for the Appellate Division consisting of 2 Judges to hear and decide an appeal to which that paragraph applies.(3) Despite section 32(1), the Appellate Division consisting of a single Judge may hear and decide an application to vary or discharge any direction or order made by the Registrar, the Deputy Registrar or an Assistant Registrar exercising any of the powers of the Appellate Division.Appellate Division cases that may be heard and decided by 2 Judges

an application to extend the time for filing and serving a notice of appeal;

an application to discharge or vary any direction or order made under section 40(1) by the Appellate Division consisting of a single Judge;

an application for leave to appeal to the Appellate Division, whether under this Act or any other written law, or to extend time for applying for such leave;

an application to the Appellate Division for a stay of execution (whether pending or after the appeal) or a stay of proceedings under the decision appealed from;

an appeal against an interlocutory judgment;

an appeal against any judgment or order obtained after the hearing of an application for the admission of a person under section 15 of the Legal Profession Act (Cap. 161);

an appeal against any judgment or order obtained after the hearing of an assessment of damages;

an appeal against any judgment or order obtained after the hearing of a taking of accounts between parties;

an appeal against any judgment or order obtained after any proceedings other than the trial or hearing of any action or matter commenced by any originating process;

an appeal which, under any written law, may be heard and decided by 2 Judges;

any appeal where —

all parties consent for the case to be —

decided by the Appellate Division consisting of 2 Judges; and

decided by the Appellate Division without hearing oral arguments; and

the Appellate Division (consisting of at least a single Judge) considers it appropriate for the Appellate Division consisting of 2 Judges to hear and decide the appeal.Court of Appeal cases that may be heard and decided by single Judge or 2 Judges3.—

Despite section 50(1), the following cases may be heard and decided by the Court of Appeal consisting of a single Judge or 2 Judges:

an application —

to record a judgment, or an order, that is made by consent of the parties; or

to make an order that is incidental to any such judgment or order;

an application to adduce further evidence in proceedings before the Court of Appeal;

an application for costs, or any other matter that remains to be dealt with, after an application or appeal to the Court of Appeal is withdrawn;

an application for any direction or order mentioned in section 58(1).(2) Despite section 50(1), the Court of Appeal consisting of a single Judge or 2 Judges may exercise the following powers:

the power under section 29D(1) to transfer to the Court of Appeal an appeal that has been made to the Appellate Division;

the power under section 29E(1) to transfer to the Appellate Division an appeal that has been made to the Court of Appeal.(3) Despite section 50(1), the Court of Appeal consisting of a single Judge may hear and decide an application to vary or discharge any direction or order made by the Registrar, the Deputy Registrar or an Assistant Registrar exercising any of the powers of the Court of Appeal.Court of Appeal cases that may be heard and decided by 2 Judges

an application to extend the time for filing and serving a notice of appeal;

an application to discharge or vary any direction or order made under section 58(1) by the Court of Appeal consisting of a single Judge;

an application for leave to appeal to the Court of Appeal, whether under this Act or any other written law, or to extend time for applying for such leave;

an application to the Court of Appeal for a stay of execution (whether pending or after the appeal) or a stay of proceedings under the decision appealed from;

an appeal against an interlocutory judgment;

an appeal against any judgment or order obtained after the hearing of an application for the admission of a person under section 15 of the Legal Profession Act;

an appeal against any judgment or order obtained after the hearing of an assessment of damages;

an appeal against any judgment or order obtained after the hearing of a taking of accounts between parties;

an appeal against any judgment or order obtained after any proceedings other than the trial or hearing of any action or matter commenced by any originating process;

an appeal which, under any written law, may be heard and decided by 2 Judges.EIGHTH SCHEDULESections 37(1)(b), 55(1)(b) and 83(1) and (1A)APPEALS THAT MAY BE DECIDED BY APPELLATE DIVISION OR COURT OF APPEAL WITHOUT HEARING ORAL ARGUMENTS1. The following appeals may be decided by the Appellate Division without hearing oral arguments:

an appeal mentioned in paragraph 2(e), (f), (g), (h), (i) or (j) of the Seventh Schedule, where every party to the appeal consents to the appeal being decided without hearing oral arguments;

an appeal mentioned in paragraph 2(k) of the Seventh Schedule.

an appeal mentioned in paragraph 4(e), (f), (g), (h), (i) or (j) of the Seventh Schedule, where every party to the appeal consents to the appeal being decided without hearing oral arguments;

an appeal against a decision of the Singapore International Commercial Court, where every party to the appeal consents to the appeal being decided without hearing oral arguments.NINTH SCHEDULESections 46 and 83(1)CASES WHERE DECISION OF APPELLATE DIVISION IS NOT APPEALABLE1. An appeal cannot be brought against a decision of the Appellate Division in the following cases:

a case where the Appellate Division makes an incidental direction or interim order under section 40(1);

a case where the Appellate Division makes a judgment or an order that is made by consent of the parties;

a case where the Appellate Division gives or refuses leave to appeal against a decision of the General Division;

a case where any written law expressly provides that the decision of the Appellate Division is final or that there is no appeal from the decision of the Appellate Division.