Singapore legislation
Regulation 39
Regulation 39
Appeals to Appeal Board
Subregulation 1
This rule shall apply to all appeals to the Appeal Board under section 55 of the Act except for the matters specified in the Second Schedule.
Subregulation 2
An appeal to the Appeal Board shall be commenced by filing with the Chief Executive a notice of appeal in Form 53 addressed to the Appeal Board, accompanied by the relevant fees specified in the Third Schedule, within 30 days from the date of the decision or order of the Court, Kadi or Naib Kadi, as the case may be.
Subregulation 3
An appellant shall serve a copy of his notice of appeal on each respondent to the appeal within 3 days of filing the notice of appeal with the Chief Executive.
Subregulation 4
The Chief Executive shall cause a copy of the notice of appeal to be served as soon as possible on the Court, Kadi or Naib Kadi, as the case may be.
Subregulation 5
On receiving the copy of the notice of appeal, the president of the Court, the Kadi or Naib Kadi, as the case may be, shall prepare and sign a copy of the grounds of his decision or order and forward the copy of the grounds of his decision or order to the Chief Executive who shall then serve on the appellant a notice to collect.
Subregulation 6
Upon payment of the relevant fees specified in the Third Schedule, the appellant shall collect the copy of the grounds of the decision or order referred to in paragraph (5) together with a copy of the notes of evidence and any other document (including exhibits) used by the Court, Kadi or Naib Kadi, as the case may be, in the first instance.
Subregulation 7
Within 21 days after the service of the notice to collect on the appellant referred to in paragraph (5), the appellant shall, if he desires to proceed with the appeal file with the Chief Executive a petition of appeal in quadruplicate in Form 54.
Subregulation 8
The appellant shall serve on every respondent to the appeal a copy of the petition of appeal, a copy of the grounds of the decision or order and all other documents received by him from the Chief Executive under paragraph (6), within 3 days of filing the petition of appeal with the Chief Executive.
Subregulation 9
Every petition of appeal shall be signed by the appellant or his solicitor and shall contain —
the grounds of appeal; and
a concise statement of the particulars of the matters of law or fact relating to each ground of appeal,and, subject to rule 42, the appellant shall not be permitted at the hearing of the appeal to rely on any ground of appeal other than those specified in the petition of appeal.
Subregulation 10
If a petition of appeal is not filed within the time specified in paragraph (7), the appeal shall be deemed to have been withdrawn.
Subregulation 11
A respondent to an appeal may give notice to the Appeal Board through the Chief Executive, and to every other party involved in the appeal that he intends to seek a variation of the decision or order appealed from, and such notice shall operate as a cross-appeal.
Subregulation 12
The notice given by the respondent referred to in paragraph (11) shall be —
in Form 55; and
filed with the Chief Executive in quadruplicate within 14 days after the date of service of the petition of appeal on the respondent,and a copy of the notice shall be served by the respondent on the appellant within 3 days of filing with the Chief Executive.
Subregulation 13
Subject to rule 42, a respondent who has filed and served a notice under paragraph (12) shall not raise any matter not specified in the notice.
Subregulation 14
Within 21 days of the filing of the petition of appeal referred to in paragraph (7), the appellant shall file with the Chief Executive 4 copies of the record of appeal, and serve a copy of the record of appeal on every respondent to the appeal.
Subregulation 15
The record of appeal shall consist of a copy of —
the notice of appeal, petition of appeal and the notice mentioned in paragraph (11) (if any);
the grounds of the decision or order, the notes of evidence and any other document referred to in paragraph (6); and
the case statement, Memorandum of Defence and any other document relating to the cause of action in the first instance.
Subregulation 16
If a record of appeal is not filed within the time specified in paragraph (14), the appeal shall be deemed to have been withdrawn.
Subregulation 17
An application for permission to appeal to the Appeal Board under section 55(1)(h) or (2) of the Act must be made by way of motion in Form 56 supported by an affidavit made by the applicant setting out the reasons why permission should be granted.
Subregulation 18
The application and affidavit referred to in paragraph (17) shall be —
filed with the Chief Executive;
accompanied by the relevant fees specified in the Third Schedule; and
served on every other party to which the application relates within 3 days of filing with the Chief Executive.
Subregulation 19
A party who has been served with an application under paragraph (18)(c) shall, if he wishes to be heard on the application, file with the Chief Executive an affidavit-in-reply within 21 days of being served with the application, and serve the affidavit-in-reply on the applicant within 3 days of filing with the Chief Executive.
Subregulation 20
No further affidavit or affidavit-in-reply shall be filed with the Chief Executive without the permission of the Appeal Board.
Subregulation 21
Notwithstanding anything in this rule, the Appeal Board may, if it thinks fit, extend the time required for the doing of any act under this rule.
Subregulation 22
An application to extend the time for the doing of any act under this rule shall be made by way of motion in Form 56 and paragraphs (17) to (20) shall apply, with the necessary modifications, to such application.