Singapore legislation
Regulation 33
Regulation 33
Documents to be filed (O. 18, r. 33)
Subregulation 1
The lower Court may give a summary of the points the lower Court has decided without the need to issue written grounds of decision.
Subregulation 2
The lower Court must certify within 14 days after the filing of the notice of appeal —
that the lower Court has already issued a written judgment or grounds of decision;
that the lower Court intends to issue written grounds of decision; or
that the certified transcript of the official record of the hearing sets out the lower Court’s grounds of decision sufficiently,and if the lower Court does not do so, it is presumed that no further written grounds of decision will be issued.
Subregulation 3
If the lower Court certifies under paragraph (2)(b) that the lower Court will issue written grounds of decision —
the lower Court must endeavour to do so as soon as it is practicable; and
if no written grounds of decision are issued within 12 weeks after the certification —
the appellant must apply in writing to the Registrar to proceed with the appeal;
if the appellant fails to do so, the respondent may apply in writing to the Registrar to proceed with the appeal or may give the appellant 14 days’ written notice of the respondent’s intention to strike out the appeal; and (iii)after the expiry of the 14 days’ notice period mentioned in sub‑paragraph (ii), the respondent may apply to strike out the appeal.
Subregulation 4
The appeal must proceed before the appellate Court by way of a rehearing on the documents filed by the parties before the lower Court.
Subregulation 5
The parties to the appeal must file and serve on all parties who have an interest in the appeal written submissions (including any bundle of authorities) on why the decision of the lower Court is to be upheld, set aside or varied in accordance with the following timelines:
where the lower Court certifies under paragraph (2)(a) that the lower Court has already issued a written judgment or grounds of decision, within 14 days after the Registry notifies of such certification by the lower Court;
where the lower Court certifies under paragraph (2)(b) that the lower Court intends to issue written grounds of decision, within 14 days after the Registry notifies that a copy of the written grounds of decision is ready for collection;
where the lower Court certifies under paragraph (2)(c) that the certified transcript of the official record of hearing sets out the lower Court’s grounds of decision sufficiently, within 14 days after the Registry notifies of such certification by the lower Court;
where it is presumed under paragraph (2) that no further written grounds of decision will be issued, within 28 days after the filing and service of the notice of appeal;
where the appellant or the respondent has applied in writing to proceed with the appeal under paragraph (3)(b), within 14 days after the Registrar notifies that the appeal is to proceed.
Subregulation 6
The written submissions for the appeal must include (in the concluding paragraphs) submissions on the appropriate costs orders to be made in the appeal and, unless the appellate Court otherwise orders, are subject to a page limit of 35 pages.
Subregulation 7
A party whose interest in the appeal is passive (such as a stakeholder, a trustee or an executor) is not required to file separate written submissions but should ensure that that party’s position is explained in one of the written submissions filed.
Subregulation 8
All parties to 2 or more related appeals must try to agree on filing a single set of written submissions for each party and on the timelines for such filing.
Subregulation 9
Where the parties are unable to agree as mentioned in paragraph (8), they must request in writing for a case conference before the appellate Court or seek directions from the appellate Court.
Subregulation 10
Where the parties have agreed as mentioned in paragraph (8), they must inform the Registrar in writing of the timelines agreed, and seek the approval of the timelines by the appellate Court.
Subregulation 11
No documents other than what has been set out in this Rule may be filed unless the appellate Court otherwise orders.
Subregulation 12
Where the appellant fails to file and serve the written submissions within the specified time, the appeal is deemed withdrawn unless the appellate Court otherwise orders.
Subregulation 13
Where an appeal is deemed withdrawn pursuant to paragraph (12) and if all the parties to the appeal consent to the payment of the security for costs provided under Rule 30 to the appellant or the respondent, the appellant or the respondent (as the case may be) must file the document signifying such consent signed by the parties and in such event, the security for costs provided under Rule 30 must be paid to the appellant or the respondent (as the case may be) and any solicitor’s undertaking is discharged.
Subregulation 14
Where an appeal is deemed withdrawn pursuant to paragraph (12) and if there are any outstanding issues as to costs or other matters that remain between the parties to the appeal —
the appellant or any party to the appeal may, within 14 days after the date that the appeal is deemed withdrawn, request in writing to the appellate Court for directions on those issues;
no oral arguments are to be made in a request under sub‑paragraph (a) unless the appellate Court otherwise directs; and
the Registrar may, upon receiving a request under sub‑paragraph (a), give directions on the making of written submissions for the request.
Subregulation 15
Where the respondent to the appeal fails to file and serve the written submissions for the appeal within the specified time, the respondent is not allowed to make submissions at the hearing of the appeal unless the appellate Court otherwise orders.
Subregulation 16
The appellate Court may allow the page limit mentioned in paragraph (6) to be exceeded —
in special circumstances; and
unless the appellate Court otherwise orders under paragraph (17), upon the payment of the fees and additional fees prescribed for the filing of pages in excess of the page limit.
Subregulation 17
The appellate Court may upon application waive, refund, defer or apportion the payment of the fees mentioned in paragraph (16)(b).
Subregulation 18
There must not be more than one set of submissions for each party or set of parties represented by the same firm of solicitors.