Supreme Court of Judicature Act 1969 · 2020 Revised Edition · Schedules
Schedule 4 · Decisions of General Divisionthat are not appealable
Feedback & supportFOURTH SCHEDULESections 29(b), 80(2A)(i) and 83(1)Decisions of General Divisionthat are not appealable
1. Subject to paragraph 2, an appeal cannot be brought against a decision of the General Division in any of the following cases:
General Division
“General Division” means the General Division of the High Court;
[Deleted by Act 40 of 2019]
where the judgment or order is made by consent of the parties;
[Deleted by Act 40 of 2019]
[Deleted by Act 40 of 2019]
[Deleted by Act 40 of 2019]
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where a Judge makes an order giving or refusing further and better particulars;
Judge
“Judge” means a Supreme Court Judge, a Judicial Commissioner, a Senior Judge or an International Judge, and —(a)in relation to the General Division, means a Judge sitting in that Division in accordance with the Constitution and this Act;(b)in relation to the Appellate Division, means a Judge sitting in that Division in accordance with the Constitution and this Act; and(c)in relation to the Court of Appeal, means a Judge sitting in that Court in accordance with the Constitution and this Act;
where a Judge makes an order giving permission to amend a pleading, except if —
the application for such permission is made after the expiry of any relevant period of limitation current at the date of issue of the originating claim; and[Act 25 of 2021 wef 01/04/2022]
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;[Act 25 of 2021 wef 01/04/2022]
where a Judge makes an order refusing security for costs;
where a Judge makes an order giving or refusing interrogatories.
2. Paragraph 1 does not apply to any decision, judgment or order 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 2014.3.—
Family Division of the High Court
“Family Division of the High Court” means the Family Division of the High Court constituted under section 4 of the Family Justice Act 2014;
An appeal cannot be brought against a decision of the General Division, where the parties have agreed in writing signed by or on behalf of each party that the decision is final, unless the party seeking to appeal proves that —
the decision is affected by fraud or illegality; or
there was a fundamental breach of the rules of natural justice in the proceedings resulting in the decision.
An agreement mentioned in sub-paragraph (1) —
may be made before or after the decision to which the agreement relates is made; and
may relate to part of a decision, in which case references in sub-paragraph (1) to a decision are to be read as references to that part of the decision.[Act 25 of 2021 wef 01/04/2022][46/2018; 40/2019]4.—
Where an action is, with the consent of all the parties, ordered by the General Division to be dealt with in accordance with an expedited procedure under the Rules of Court that includes restrictions in this sub-paragraph on the bringing of an appeal, an appeal cannot be brought against any decision of a Judge in the action except —
Rules of Court
“Rules of Court” means Rules of Court made under this Act and includes forms;
an order that the Court has no jurisdiction, or should not exercise jurisdiction, to hear the action;
court
“court” means the General Division, the Appellate Division, or the Court of Appeal;
an order for summary judgment;
an order refusing to set aside 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);
an order for the striking out of the action;
an order for the action (or part of the action) to be dismissed, or for judgment to be entered, upon the striking out or amendment of any pleading or part of any pleading;
an order giving or refusing permission to amend a pleading, where —
the application for permission is made after the expiry of any relevant period of limitation current at the date of issue of the originating claim; 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;
an order giving security for costs (subject to obtaining permission to appeal as required in paragraph 3(i) of the Fifth Schedule);
an order for a stay of proceedings; or
a judgment given after the trial of an action (whether or not all parties participated in the trial).
An appeal cannot be brought against a decision of the General Division where a Judge makes an order refusing a request made with the consent of all the parties for an action to be dealt with in accordance with the expedited procedure under the Rules of Court mentioned in sub-paragraph (1).[S 505/2024 wef 01/07/2024]