​​​​​​​​General information
The appeal to the High Court is only when a party is dissatisfied with a decision of a Referee after a hearing, and the grounds (reasons) can only be based on a question of law or that the claim was outside of the jurisdiction of the Small Claims Tribunals.

If there is a discontinuance or transfer order by the Referee, made respectively under section 5(5) and section 7 of the Small Claims Tribunals Act (Cap 308) (the Act), this is not appealable under section 38(1) of the Act which provides as follows:

         Section 38.
— (1)  Any party to proceedings before a tribunal may appeal to the High Court against an order made by the tribunal under  section 35(1) or 37(3) —

          (a)  on any ground involving a question of law; or
          (b)  on the ground that the claim was outside the jurisdiction of the tribunal


Before an appeal to the High Court, the leave (permission) from the District Judge must be obtained. This application for leave (permission) has to be filed within 14 days from the date of the Order by the Referee.  

If leave (permission) is obtained from the District Judge, the "Notice of Appeal" and other related document(s) must be filed within one month from the date of the Order of the District Judge granting leave (permission) to appeal. The stamp fees payable together with the security of cost will also have to be paid before the Appeal to the High Court will be deemed filed.

Further information of the appeal process may also be obtained from the brochure by clicking here:

 

Stay of Execution

The provisions of the Act and the Rules are reproduced as follows::

            Stay of execution on appeal

            Section 42.  — (1)  The filing of a notice of appeal shall not operate as a stay of execution of an order unless the tribunal or the High Court, as the case may be, otherwise orders.

                                     (2)  Any stay of execution may be subject to such conditions as to costs, payment into a tribunal, the giving of security or otherwise as the tribunal or the Court thinks fit.

           Stay of execution pending appeal

           Rule 28.
  The filing of —
           (a)  an application under rule 20F for leave to appeal; or
           (b)  a notice of appeal,
          
           shall not operate as a stay of execution, but the tribunal may on application by notice in Form 18 stay execution on such terms as it thinks just.
 
 

Legal advice/ legal representation

No officer of the State Courts or the Small Claims Tribunals can give legal advice as regards any query concerning your legal option or legal position. 

 

If you are uncertain as to your legal option or legal position, you should seek legal advice before filing an appeal. In particular, companies must be represented by a lawyer at the hearing of an appeal at the High Court.

 

Though parties need not engage legal representation for their application for leave (permission) from District Judge to appeal to the High Court, they are at liberty to do so.

 

Templates/ Forms

Except for the Application for Leave to Appeal to the High Court which can be handwritten neatly and legibly, all appeal  documents are to be typewritten, neatly and legibly. The following table lists the various templates that you may refer to for the appeal process.  Please note that the templates provided are strictly for reference. It is your responsibility to ensure that your documents are in order in accordance with law.

For more information as to the filing of the document, do refer to the brochure on the appeal process of which please click here.

 

Please remember that the information given to you cannot be exhaustive and you are to ensure that there is full compliance with the requirements of the law.

 


 

 

 

Template

Timelines

Stamp/ filing fees

Obtain leave (permission) to appeal to High Court      
Stage 1 Application for leave (permission) from District Judge to appeal to High Court           

 Please Click Here

To be filed within 14 days from the date of the Referee’s Order

$100 payable at registration counter of SCT     
If leave (permission) granted by District Judge      
Stage 2 a. Notice of Appeal (File 1 original + 2 photocopies)



MS WORD


ADOBE PDF

Within one month from the date of the District Judge’s Order granting leave to appeal $600 payable at the Finance Section of State Courts (Original Notice of Appeal to be stamped $600)
b. Order of Court if leave is granted (File 1 original + 1 photocopy)


 MS WORD


ADOBE PDF

To be filed with Notice of Appeal               $50 payable at the Finance Section of State Courts (Original Order of Court to be stamped $50)
c. Direction to Accountant General for Payment into Court (File 1 original + 1 photocopy)           



MS WORD
 

ADOBE PDF

To be filed with Notice of Appeal $10 payable at the Finance Section of State Courts (Original Direction to Accountant General for Payment into Court to be stamped $10)
d. Notice of Payment into Court (File 1 original + 2 photocopies)           



MS WORD


ADOBE PDF

To be filed with Notice of Appeal $10 payable at the Finance Section of State Courts (Original Notice of Payment into Court to be stamped $10)
e. Certificate for Security for Costs (File 1 original + 2 photocopies)           



MS WORD


ADOBE PDF

To be filed with Notice of Appeal $10 payable at the Finance Section of State Courts (Original Certificate for Security for Costs to be stamped $10)
f. To the Accountant General to Receive Payment (File 1 original + 2 photocopies)           



MS WORD


ADOBE PDF

To be filed with Notice of Appeal

Nil           
Stage 3

Proceeding with Appeal

Petition of Appeal (File 1 original + 2 photocopies)           



 MS WORD


ADOBE PDF

To be filed within 21 days of the date of the service of the notification to collect the Grounds of the Order and the Notes of Proceedings $100 payable at the  Finance Section of State Courts (Original Petition of Appeal to be stamped $100)
Stage 4           

Proceeding with Appeal

Record of Appeal (File 1 original + 2 photocopies)           

 

 
MS WORD
 


ADOBE PDF
To be filed within 14 days after the filing of the Petition of Appeal Nil           
For the Index within the Record of Appeal, please refer to the next column.            


MS WORD


ADOBE PDF

 

  

Last updated on: 15/10/2018 12:38 PM

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