ORDER
57
APPEALS TO
THE COURT OF APPEAL
Application of Order to appeals (O. 57, r. 1)
1.
This
Order applies to every appeal to the Court of Appeal (including
so far as it is applicable thereto, any appeal to that Court from
any tribunal from which an appeal lies to that Court under any written
law) not being an appeal for which other provision is made by these
Rules.
Application of Order to applications for new trial
(O. 57, r. 2)
2.
This
Order (except so much of Rule 3 (1) as provides that an appeal shall
be by way of rehearing and except Rule 14 (1)) applies to an application
to the Court of Appeal for a new trial or to set aside a finding
or judgment after trial, as it applies to an appeal to that Court,
and references in this Order to an appeal and to an appellant shall
be construed accordingly.
Notice of appeal (O. 57, r. 3)
3.
—(1)
An
appeal to the Court of Appeal shall be by way of rehearing and must be
brought by notice of appeal in Form 119.
(2)
Notice of appeal may be given either
in respect of the whole or in respect of any specified part of the
judgment or order of the Court below; and every such notice must
state whether the whole or part only, and what part, of the judgment
or order is complained of, contain an address for service, and be
signed by the appellant or his solicitor.
For the avoidance of doubt, any party
who desires to contend that the decision of the Court below should
be varied in any event must file and serve a notice of appeal.
(3)
The appellant must at the time of
filing the notice of appeal provide security for the respondent’s
costs of the appeal in the sum of $10,000 or such other
sum as may be fixed from time to time by the Chief Justice by —(a)
depositing the sum in the Registry
or with the Accountant-General and obtaining a certificate in Form
115; or
(b)
procuring an undertaking in Form 116
from his solicitor and filing a certificate in Form 117.
(3A)
Where
costs are payable by the appellant to the respondent under any order made
by the Court of Appeal —(a)
the deposit or sum held pursuant
to the undertaking referred to in paragraph (3) (a)
or (b) shall be paid out without set-off to
the respondent towards partial or total satisfaction (as the case
may be) of such costs; and
(b)
the balance, if any, of the deposit
or sum held pursuant to the undertaking shall be paid out to the
appellant,
unless the Court of Appeal otherwise
orders.
S 228/2007, wef 01/07/2007
(3B)
Where
no costs are payable by the appellant to the respondent under any
order made by the Court of Appeal — (a)
the deposit referred to in paragraph
(3) (a) shall be paid out to the appellant; or
(b)
the undertaking referred to in paragraph
(3) (b) shall be discharged,
unless the Court of Appeal otherwise
orders.
S 228/2007, wef 01/07/2007
(4)
The Court of Appeal may at any time,
in any case where it thinks fit, order further security for costs
to be given.
(5)
The Registrar must assign a number
to the notice of appeal and enter the appeal on the list of appeals,
stating therein the title of the cause or matter, the name of the appellant
and his solicitor, if any, and the date of such entry.
(6)
The notice of appeal must be served
on all parties to the proceedings in the Court below who are directly
affected by the appeal or their solicitors respectively at the time
of filing the notice of appeal; and, subject to Rule 10, it shall
not be necessary to serve the notice on parties not so affected.
Time for appealing (O. 57, r. 4)
4.
Subject
to this Rule, every notice of appeal must be filed and served under
Rule 3 (6) within one month —(a)
in the case of an appeal from an order
in Chambers, from the date when the order was pronounced or when
the appellant first had notice thereof;
(b)
in the case of an appeal against the
refusal of an application, from the date of the refusal; and
(c)
in all other cases, from the date
on which the judgment or order appealed against was pronounced.
Record of proceedings (O. 57, r. 5)
5.
—(1)
When
a notice of appeal has been filed, the Judge who gave the judgment or
made the order must, unless the judgment was written, certify in
writing the grounds of the judgment or order:
Provided that if no certified ground
of the judgment or order has been given by the Judge within a period
of 6 months from the date of the notice of appeal, the appellant shall
nonetheless proceed with the appeal and apply in writing to the
Registrar for a copy of the record of proceedings as hereafter provided.
(2)
As soon as possible after notice of
appeal has been filed, the Registrar shall cause to be served on
the appellant or his solicitor at his address for service specified in
the notice of appeal a notice that a copy of the record of proceedings
is available and thereupon the appellant or his solicitor shall
pay the prescribed fee.
(3)
The record of proceedings shall consist
of a certified copy of the judgment or grounds of judgment or order
(if any), and a copy of the certified transcript of the official
record of hearing taken at the hearing of the cause or matter.
[Rules 6, 7, 8 deleted
by S 194/94]
Record of Appeal and Appellant’s Case (O.
57, r. 9)
9.
—(1)
Within
2 months after service of the notice referred to in Rule 5 (2),
the appellant must file —(a)
one copy of the record of appeal;
(b)
subject to Rule 9A, the Appellant’s
Case referred to in that Rule; and
(c)
a core bundle of documents (referred
to in this Order as the core bundle),
and serve a copy each thereof on every
respondent to the appeal or his solicitor except that if the appeal
is to be heard by a Court of Appeal consisting of 2 Judges of Appeal,
these documents shall be filed and served within one month after
service of the notice referred to in Rule 5 (2).
(2)
The record of appeal shall consist
of a copy each of —(a)
the notice of appeal;
(b)
the certificate of payment of security
for costs;
(c)
the record of proceedings referred
to in Rule 5 (3);
(ca)
the affidavits of evidence in chief;
(d)
the documents in the nature of pleadings;
(e)
other documents, so far as are relevant
to the matter decided and the nature of the appeal; and
(f)
the judgment or order appealed from.
(2A)
The core bundle shall contain —(a)
a copy of the grounds of the judgment
or order referred to in Rule 5 (1);
(b)
[Deleted by
S 612/2001];
(c)
other documents, including notes of
evidence, pleadings and affidavits, or portions thereof, that are
relevant to any question in the appeal or will be referred to in
the Appellant’s Case, the Respondent’s Case or
the joint Case or at the appeal;
(d)
the judgment or order appealed from;
and
(e)
an index of the documents included
therein, which shall cross-refer each document to its location in
the record of appeal or joint record of appeal, as the case may
be.
(3)
A draft index of the documents to
be included in the record of appeal shall be sent by the appellant’s
solicitor to the solicitors for the respondents who or (if more than
one) any of whom may within 3 days object to the inclusion or exclusion
of any document. Where in the course of preparation of the record
one party objects to the inclusion of a document on the ground that
it is unnecessary or irrelevant and the other party nevertheless
insists on its being included, the record, as finally printed or typed
shall, with a view to the subsequent adjustment of the costs of
and incidental to such document, indicate, in the index of papers,
or otherwise, the fact that, and the party by whom, the inclusion
of the document was objected to.
(4)
Where an appellant omits to comply
with paragraph (1), the appeal shall be deemed to have been withdrawn,
but nothing in this Rule shall be deemed to limit or restrict the
powers of extending time conferred upon the Court of Appeal.
(4A)
Where
an appeal is deemed to have been withdrawn pursuant to paragraph (4)
and all the parties to the appeal consent to the payment of any
sum lodged in Court or sum held pursuant to a solicitor’s
undertaking as security for the costs of the appeal to the appellant,
the appellant shall file the document signifying such consent signed
by the parties or by their solicitor, and in such event any sum
lodged in Court as security for the costs of the appeal shall be
paid out to the appellant or any solicitor’s undertaking
shall be discharged.
S 228/2007, wef 01/07/2007
(5)
In the event of a cross-appeal, a
joint record of appeal may be filed if all the parties to the appeal
and the cross-appeal consent.
(6)
Written notice of intention to file
such a joint record must be given to the Registrar within the time
specified in paragraph (1).
(7)
Subject to paragraph (5), any party
to the appeal or the cross-appeal may apply to the Registrar for
directions as to the filing of the record of appeal.
Preparation of Cases (O. 57, r. 9A)
9A.
—(1)
The
appellant must file his Case (referred to in this Order as the Appellant’s
Case) within the time specified in Rule 9.
(2)
The respondent must file his Case
(referred to in this Order as the Respondent’s Case) —(a)
within one month after service on
him of the record of appeal, the Appellant’s Case and the
core bundle; or
(b)
in the event a joint record of appeal
is filed, within one month after service on him of the Appellant’s
Case and the core bundle.
(2A)
If the respondent intends to refer
to any document in the Respondent’s Case or at the appeal,
and such document is not included in the core bundle, the respondent
shall file, at the same time as his case, a supplemental core bundle
which shall contain —(a)
such additional documents as are not
included in the core bundle; and
(b)
an index of the documents included
in the supplemental core bundle, which shall cross-refer each document
to its location in the record of appeal or joint record of appeal,
as the case may be.
(3)
The form of the Case shall comply
with the following requirements:(a)
it shall consist of paragraphs numbered
consecutively;
(b)
it shall state, as concisely as possible —(i)
the circumstances out of which the
appeal arises;
(ii)
the issues arising in the appeal;
(iii)
the contentions to be urged by the
party filing it and the authorities in support thereof; and
(iv)
the reasons for or against the appeal,
as the case may be;
(c)
it shall be in the same size and style
as the record of appeal and the core bundles with alphabetical lettering
in the left hand margin at every fifth line, the first letter “A” being
placed against the first line in each page, and with references
in the right hand margin to the relevant pages of the record of appeal,
the core bundle and any supplemental core bundle; and
(d)
care shall be taken to avoid, as far
as possible, the recital of long extracts from the record of appeal
or the core bundle.
(4)
If a party —(a)
is abandoning any point taken in the
Court below; or
(b)
intends to apply in the course of
the hearing for leave to introduce a new point not taken in the
Court below,
this should be stated clearly in the
Case, and if the new point referred to in sub-paragraph (b)
involves the introduction of fresh evidence, this should also be
stated clearly in the Case and an application for leave must be
made under Rule 16 to adduce the fresh evidence.
(5)
A respondent who, not having appealed
from the decision of the Court below, desires to contend on the
appeal that the decision of that Court should be varied in the event
of an appeal being allowed in whole or in part, or that the decision
of that Court should be affirmed on grounds other than those relied
upon by that Court, must state so in his Case, specifying the grounds
of that contention.
(6)
Except with the leave of the Court
of Appeal, a respondent shall not be entitled on the hearing of
the appeal —(a)
to contend that the decision of the
Court below should be varied upon grounds not specified in his Case;
(b)
to apply for any relief not so specified;
or
(c)
to support the decision of the Court
below upon any grounds not relied upon by that Court or specified
in his Case.
(7)
A Case may be amended at any time
with the leave of the Court of Appeal.
(8)
Except to such extent as may be necessary
to the development of the argument, a Case need not set out or summarise
the judgment of the Court below, nor set out statutory provisions,
nor contain an account of the proceedings below or of the facts of
the case.
(9)
Every Case must conclude with a numbered
summary of the reasons upon which the argument is founded, and must
bear the name and signature of the solicitor who has prepared the
Case or who will appear before the Court of Appeal.
(10)
The solicitor of any party, in drafting
a Case, should assume that it will be read in conjunction with the
documents included in the core bundle and any supplemental core
bundle.
(11)
All the appellants may join in one
Appellants’ Case, and all the respondents may similarly
join in one Respondents’ Case.
(12)
A party whose interest in the appeal
is passive (such as a stake-holder, a trustee or an executor) is
not required to file a separate Case but should ensure that his position
is explained in one of the Cases filed.
(13)
The filing of a joint Case on behalf
of both appellant and respondent may be permitted in special circumstances.
(14)
[Deleted
by S 612/98]
(15)
No Case need be filed in any interlocutory
matter or application to be heard by the Court of Appeal but Cases
must be filed in any appeal arising from any interlocutory order.
(16)
A party to an appeal shall file together
with his Case a bundle of authorities relied on by the Court below
as well as other authorities to be relied on at the hearing of the
appeal and serve such bundle of authorities on the other party.
(17)
A respondent who fails to file his
Case within the time specified in paragraph (2) may be heard only
with the leave of the Court of Appeal and on such terms and conditions
as the Court of Appeal may impose.
(18)
Where 2 or more appeals arise from
the same judgment or order below, an appellant or respondent to
one or more of the appeals may apply to a Judge of Appeal or, if
one is not available, to a Judge (including the Judge hearing the
proceedings in the Court below), for leave to file a single Case,
record of appeal or core bundle covering all such appeals.
Directions of the Court as to service (O. 57, r.
10)
10.
—(1)
The
Court of Appeal may in any case direct that the record of appeal,
the core bundle, any supplemental core bundle and the Cases be served
on any party to the proceedings in the Court below on whom it has
not been served, or on any person not party to those proceedings.
(2)
In any case in which the Court of
Appeal directs the record of appeal, the core bundle, any supplemental
core bundle and the Cases to be served on any party or person, the
Court may also direct that a Case be filed by such party or person.
(3)
The Court of Appeal may in any case
where it gives a direction under this Rule —(a)
postpone or adjourn the hearing of
the appeal for such period and on such terms as may be just; and
(b)
give such judgment and make such
order on the appeal as might have been given or made if the persons
served in pursuance of the direction had originally been parties.
Withdrawal of appeal (O. 57, r. 11)
11.
—(1)
An
appellant may at any time before his appeal is called on for hearing, file
and serve on the parties to the appeal a notice to the effect that
he does not intend further to prosecute the appeal.
(2)
If
all parties to the appeal consent to the intended withdrawal of
the appeal, the appellant must file the document signifying such
consent signed by the parties or by their solicitor, and the appeal
shall thereupon be deemed to have been withdrawn and shall be struck
out of the list of appeals by the Registrar; in such event any sum lodged
in Court as security for the costs of the appeal shall be paid out
to the appellant or any solicitor’s
undertaking shall be discharged.
S 228/2007, wef 01/07/2007
(3)
If
all the parties do not consent to the intended withdrawal of the
appeal, the appeal shall remain on the list, and shall come on for
the hearing of any issue as to costs or otherwise remaining outstanding
between the parties, and for the making of an order as to the disposal
of any sum lodged in Court or sum held pursuant
to any solicitor’s undertaking as security for the
costs of the appeal.
[Rule 12 deleted
by S 194/94]
S 228/2007, wef 01/07/2007
General powers of Court (O. 57, r. 13)
13.
—(1)
In
relation to an appeal the Court of Appeal shall have all the powers
and duties as to amendment and otherwise of the High Court.
(2)
The Court of Appeal shall have power
to receive further evidence on questions of fact, either by oral
examination in Court, by affidavit, or by deposition taken before
an examiner, but, in the case of an appeal from a judgment after
trial or hearing of any cause or matter on the merits, no such further
evidence (other than evidence as to matters which have occurred
after the date of trial or hearing) shall be admitted except on
special grounds.
(3)
The
Court of Appeal shall have power to draw inferences of fact and
to give any judgment and make any order which ought to have been
given or made, and to make such further or other order as the case
may require.
S 228/2007, wef 01/07/2007
(4)
The powers of the Court of Appeal
under paragraphs (1), (2) and (3) may be exercised notwithstanding
that —(a)
no notice of appeal has been given
in respect of any particular part of the decision of the Court below
or by any particular party to the proceedings in that Court; or
(b)
any ground for allowing the appeal
or for affirming or varying the decision of that Court is not specified
in any of the Cases filed pursuant to Rule 9A or 10,
and the Court of Appeal may make any
order, on such terms as the Court thinks just, to ensure the determination
on the merits of the real question in controversy between the parties.
(5)
The powers of the Court of Appeal
in respect of an appeal shall not be restricted by reason of any
interlocutory order from which there has been no appeal.
Powers of Court as to new trial (O. 57, r. 14)
14.
—(1)
On
the hearing of any appeal the Court of Appeal may, if it thinks
fit, make any such order as could be made in pursuance of an application
for a new trial or to set aside any finding or judgment of the Court
below.
(2)
The Court of Appeal shall not be bound
to order a new trial on the ground of misdirection, or of the improper
admission or rejection of evidence, unless in the opinion of the
Court of Appeal some substantial wrong has been thereby occasioned.
(3)
A new trial may be ordered on any
question without interfering with the finding or decision on any
other question; and if it appears to the Court of Appeal that any such
wrong as is mentioned in paragraph (2) affects part only of the
matter in controversy, or one or some only of the parties, the Court
may order a new trial as to that part only, or as to that party
or those parties only, and give final judgment as to the remainder.
(4)
In any appeal on the ground that damages
awarded are excessive or inadequate, the Court of Appeal may, in
lieu of ordering a new trial —(a)
substitute for the sum awarded such
sum as appears to the Court to be proper; or
(b)
reduce or increase the sum awarded
by such amount as appears to the Court to be proper in respect of
any distinct head of damages erroneously included in or excluded
from the sum so awarded,
but except as aforesaid the Court of
Appeal shall not have power to reduce or increase the damages.
(5)
A new trial shall not be ordered by
reason of the ruling of any Judge that a document is sufficiently
stamped or does not require to be stamped.
Stay of execution, etc. (O. 57, r. 15)
15.
—(1)
Except
so far as the Court below or the Court of Appeal may otherwise direct —(a)
an appeal shall not operate as a stay
of execution or of proceedings under the decision of the Court below;
(b)
no intermediate act or proceeding
shall be invalidated by an appeal.
(2)
On an appeal from the High Court,
interest for such time as execution has been delayed by the appeal
shall be allowed unless the Court otherwise orders.
Applications to Court of Appeal (O. 57, r. 16)
16.
—(1)
Every
application to the Court of Appeal shall be made either by originating
summons or, in an appeal before the Court of Appeal, by summons.
(2)
Any application to the Court of Appeal
for leave to appeal (other than an application made after the expiration
of the time for appealing) must, if the appellant is acting in person,
be made ex parte in the first instance; but unless the application
is then dismissed or it appears to that Court that undue hardship
would be caused by an adjournment, the Court shall adjourn the application
and give directions for the service of the application on the party
or parties affected.
(3)
Where an ex parte application has
been refused by the Court below, an application for a similar purpose
may be made to the Court of Appeal ex parte within 7 days after
the date of the refusal.
(4)
Whenever under these Rules an application
may be made either to the Court below or to the Court of Appeal,
it shall not be made in the first instance to the Court of Appeal,
except where there are special circumstances which make it impossible or
impracticable to apply to the Court below.
(5)
Where
a party files an application to be heard by the Court of Appeal,
and Rule 3 (3) does not apply, the party must at the time of filing
the application provide security for the opposing party’s
costs of the application in the sum of $5,000 or such other
sum as may be fixed from time to time by the Chief Justice by —(a)
depositing the sum in the Registry
or with the Accountant-General and obtaining a certificate in Form
115; or
(b)
procuring an undertaking in Form
116 from his solicitor and filing a certificate in Form 117.
S 648/2007, wef 01/01/2008
(6)
Paragraph
(5) shall not apply to any application filed in a pending appeal
before the Court of Appeal, where security for the respondent’s
costs of the appeal has been previously provided under Rule 3 (3).
S 648/2007, wef 01/01/2008
(7)
An
applicant may at any time before his application is called on for
hearing, file and serve on the parties to the application a notice
to the effect that he does not intend further to prosecute the application.
S 648/2007, wef 01/01/2008
(8)
If
all parties to the application consent to the intended withdrawal
of the application, the applicant must file the document signifying
such consent signed by the parties or by their solicitor, and the
application shall thereupon be deemed to have been withdrawn and
shall be struck out of the list of appeals by the Registrar; in
such event any sum lodged in Court as security for the costs of
the application shall be paid out to the applicant or any solicitor’s
undertaking shall be discharged.
S 648/2007, wef 01/01/2008
(9)
If
any party does not consent to the intended withdrawal of the application,
the application shall remain on the list, and shall come on for
the hearing of any issue as to costs or otherwise remaining outstanding
between the parties, and for the making of an order as to the disposal
of any sum lodged in Court or sum held pursuant to any solicitor's
undertaking as security for the costs of the application.
S 648/2007, wef 01/01/2008
Extension of time (O. 57, r. 17)
17.
Without
prejudice to the power of the Court of Appeal under Order 3, Rule
4, to extend the time prescribed by any provision of this Order,
the period for filing and serving the notice of appeal under Rule
4 or for making application ex parte under Rule 16 (3) may be extended
by the Court below on application made before the expiration of
that period.
Appellant or respondent not appearing (O. 57, r.
18)
18.
—(1)
If
on any day fixed for the hearing of an appeal, the appellant does
not appear in person or by an advocate, the appeal may be dismissed.
(2)
If the appellant appears, and any
respondent fails to appear, either in person or by an advocate,
the appeal shall proceed in the absence of such respondent, unless the
Court for any sufficient reason sees fit to adjourn the hearing
thereof.
(3)
Where any appeal is dismissed or allowed
under paragraph (1) or (2), the party who was absent may apply to
the Court of Appeal for the rehearing of the appeal and where it
is proved that there was sufficient reason for the absence of such
party, the Court of Appeal may order that the appeal be restored
for hearing upon such terms as to costs or otherwise as it thinks
fit.
(4)
[Deleted
by S 194/94]
Judgment (O. 57, r. 19)
19.
—(1)
The
judgment of the Court of Appeal shall, subject to paragraph (3),
be pronounced in open Court, either on the conclusion of the hearing
of the appeal or on a subsequent day of which notice shall be given
by the Registrar to the parties to the appeal.
(2)
The judgment of the Court of Appeal
may be pronounced in the absence of any of the Judges of Appeal
who composed the Court of Appeal and the judgment of such Judge
of Appeal may be read by any Judge present.
(3)
Whenever the Court of Appeal has a
written judgment or judgments to be delivered, it may deliver the
judgment or judgments by directing copies thereof to be handed to
the parties or their solicitors upon payment of the appropriate
charges therefor.
(4)
Where proceedings in the Court of
Appeal are heard in camera pursuant to any written law, any judgment
pronounced or delivered in such proceedings shall not be available
for public inspection:
Provided that the Court of Appeal may,
on such terms as it may impose, allow an inspection of such judgment
by, or a copy thereof to be furnished to, a person who is not a
party to the proceedings.
(5)
Subject to paragraph (4), a copy of
every judgment of the Court of Appeal shall be available for public
inspection upon payment of the prescribed fee and a copy thereof
may be handed to any member of the public upon payment of the appropriate charges
therefor, and nothing in Order 60, Rule 4, shall apply to this Rule.
Expedited appeals and applications (O. 57, r. 20)
20.
—(1)
Where
an appeal or application is one of urgency, any party may apply to
a Judge of Appeal or, if one is not available, to a Judge (including
the Judge hearing the proceedings in the Court below), for such
directions as may be appropriate with a view to expediting the appeal
or application for hearing before the Court of Appeal.
(2)
Such an application shall be made
by summons supported by affidavit or may, with the leave of the
Judge of Appeal or the Judge, as the case may be, be made orally.
(3)
Such an application may be made at
any stage of the proceedings.
(4)
The Judge of Appeal or the Judge,
as the case may be, may deal with such an application in such manner
as he considers fit in the interests of justice, including —(a)
making directions without the need
to inform or to hear any party; and
(b)
dispensing with compliance with any
of these Rules (including this Rule) or any Practice Direction,
or directing that such Rule or Practice Direction be modified in
its application to the proceedings.
(5)
Any party seeking a revocation or
variation of any directions made under this Rule, or seeking further
directions, may apply in the manner hereinbefore provided.