Singapore legislation
Regulation 40
Regulation 40
Transfer of appeal from Appellate Division to Court of Appeal (O. 18, r. 40)
Subregulation 1
For the purposes of section 29D(2)(c)(ii) of the Supreme Court of Judicature Act, the Court of Appeal may exercise its power under section 29D(1)(a) of that Act, on an application to the Court of Appeal to transfer an appeal that has been made to the Appellate Division, on the ground that it is more appropriate for the Court of Appeal to hear the appeal.
Subregulation 2
For the purposes of section 29D(3) of the Supreme Court of Judicature Act, the Court of Appeal may, on its own motion or on a reference by the Appellate Division, exercise its power under section 29D(1)(a) of that Act only where —
the appeal was not made to the Appellate Division in accordance with section 29C of that Act;
it is more appropriate for the Court of Appeal to hear the appeal; or
one or more of the legal issues raised in the appeal engage one or more of the matters set out in the Sixth Schedule to that Act.
Subregulation 3
An application under section 29D(2)(c)(i) of the Supreme Court of Judicature Act must be made in accordance with Rule 35, and must be filed and served within 14 days after the date of service of the notice of appeal on all parties who have an interest in the appeal.
Subregulation 4
An application under section 29D(2)(c)(ii) of the Supreme Court of Judicature Act must be made in accordance with Rule 35, and must be filed and served no later than 14 days after the date on which the parties’ written submissions are required to be filed and served under Rule 33(5).
Subregulation 5
For the purposes of paragraphs (1) and (2)(b), when determining whether it is more appropriate for the Court of Appeal to hear an appeal that has been made to the Appellate Division, the Court of Appeal may have regard to one or more of the following matters:
whether the proceedings relate to a matter of national or public importance;
whether the appeal will raise a point of law of public importance;
the complexity and novelty of the issues in the appeal;
whether there is a decision of the Court of Appeal in relation to a point of law raised in the appeal which may be material to the outcome of the appeal;
whether there are conflicting judicial decisions;
the significance of the results of the proceedings;
any other relevant matter.