Supreme Court (Civil Appeals Amendments) Rules 2014
S.R. No. 209/2014
table of provisions
Rule Page
Rule Page
1 Object 1
2 Authorising provisions 1
3 Commencement 1
4 Principal Rules 1
5 Dispensing with compliance 1
6 Procedure 1
7 Order 64 substituted 2
Order 64—Appeals and Applications to
the Court of Appeal 2
64.01 Definitions 2
64.02 Commencement of appeal by filing notice of appeal 3
64.03 Applications, including for leave to appeal 4
64.04 Contents of application for leave to appeal or notice
of appeal 5
64.05 Time for filing application for leave to appeal or
notice of appeal 6
64.06 Service of applications, notices of appeal and related documents 6
64.07 Time for service of application, including for leave to appeal, or notice of appeal 8
64.08 Extension of time to file or serve application,
including for leave to appeal, or notice of appeal 8
64.09 Service on non-party 11
64.10 Application for leave to intervene 11
64.11 Documents to be filed and served in response to application, including for leave to appeal, or appeal 13
64.12 Amendment of application for leave to appeal or
notice of appeal or written case 15
64.13 Further evidence in application for leave to appeal
or appeal 16
64.14 Determination of applications 17
64.15 Procedure for determination of application by single Judge of Appeal 17
64.16 Procedure for determination of application when
referred to Court of Appeal constituted by two or
more Judges of Appeal 19
64.17 Finality of dismissal of application for leave to
appeal after oral hearing 19
64.18 Application to set aside or vary dismissal of
application for leave to appeal 20
64.19 Application for leave to appeal may be treated as
appeal 21
64.20 No notice of appeal or other initiating or responding documents required if leave to appeal granted 21
64.21 Management of applications and appeals 22
64.22 Settling contents of application book and appeal book 23
64.23 Costs of compliance with directions 24
64.24 Notes for guidance 24
64.25 Delivery of leave application book and appeal book 24
64.26 Costs of leave application book and appeal book 25
64.27 Referral of applications to Court of Appeal 26
64.28 Registrar may vacate hearing date or refer for
dismissal 27
64.29 Discontinuance of application or appeal 27
64.30 Cross-appeal 29
64.31 Cross-application for leave to appeal 30
64.32 Notice of contention 31
64.33 Notice of objection to competency of appeal or application 32
64.34 Effect of cross-application for leave to appeal,
cross-appeal and notice of contention 33
64.35 Time 34
64.36 Powers of the Court of Appeal 34
64.37 New trial 36
64.38 Costs 37
64.39 Stay of execution 38
64.40 Jurisdiction and powers exercisable by a single Judge
of Appeal 38
64.41 Jurisdiction and powers exercisable by two Judges of Appeal 39
64.42 Powers of and directions given by Associate Judges
and Registrar 40
64.43 Further powers of Registrar 42
64.44 Exercise of powers and functions of the Court of
Appeal by Associate Judge or Registrar 43
64.45 Application or appeal taken to be abandoned 44
64.46 Dismissal for want of prosecution or non-compliance 45
64.47 Expedition 46
8 Order 65 revoked 47
9 Forms 48
Form 64A—*Application for Leave to Appeal/*Notice of Appeal/*Cross-application for Leave to Appeal/*Notice of Cross-appeal 48
Form 64B—Application Other than For Leave to Appeal or
to Cross-appeal 52
Form 64C—List of Persons Served 54
Form 64D—Notice of Opposition to Application Other than
for Leave to Appeal 56
Form 64E—Notice of Intention Not to Respond or Contest 58
Form 64F—Application to Have Dismissal of Application
for Leave Set Aside or Varied 60
Form 64G—Notice of Contention 62
Form 64H—Notice of Objection to Competency 64
10 Consequential amendments to Chapter II 65
Part 3—Application for Leave to Appeal
and Appeal to the court of Appeal 65
4.15 Commencement of application for leave to appeal or appeal 65
4.16 Application of Order 64 of Chapter I 66
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ENDNOTES 68
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S.R. No. 209/2014
Supreme Court (Civil Appeals Amendments) Rules 2014
statutory rules 2014
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Supreme Court (Civil Appeals Amendments) Rules 2014
Supreme Court Act 1986
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Supreme Court (Civil Appeals Amendments) Rules 2014
Supreme Court (Civil Appeals Amendments) Rules 2014
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S.R. No. 209/2014
Supreme Court (Civil Appeals Amendments) Rules 2014
The Judges of the Supreme Court make the following Rules:
1 Object
The object of these Rules is to amend the procedures set out in Order 64 in Chapter I of the Rules of the Supreme Court in relation to civil appeals, to revoke Order 65 of Chapter I and make related consequential amendments to Chapter II of the Rules.
2 Authorising provisions
These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.
3 Commencement
These Rules come into operation on 10 November 2014.
4 Principal Rules
In these Rules, the Supreme Court (General Civil Procedure) Rules 2005[1] are called the Principal Rules.
5 Dispensing with compliance
In Rule 2.04(2) of the Principal Rules omit "or Order 65".
6 Procedure
Rule 58.01(3) of the Principal Rules is revoked.
7 Order 64 substituted
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For Order 64 of the Principal Rules substitute—
"Order 64
Appeals and Applications to the Court of Appeal
64.01 Definitions
(1) In this Order, unless the context or subject matter otherwise requires—
appeal includes—
(a) an application for a new trial;
(b) an application to set aside or vary a decision;
(c) an appeal by way of rehearing or judicial review;
(d) a cross-appeal—
and, subject to the County Court Act 1958, includes an appeal from the County Court;
decision includes judgment, order, determination, verdict, ruling, finding or declaration;
extension application means an application under Rule 64.08;
notes for guidance means the notes prepared from time to time by the Registrar in accordance with Rule 64.24;
practice direction means any practice direction issued from time to time by or on behalf of the Chief Justice;
respondent means a person named as a respondent in an application, including for leave to appeal, or a notice of appeal;
written case means the document containing a party's submissions in relation to an application for leave to appeal, an appeal, a cross-application for leave to appeal, a cross-appeal or a notice of contention that must be filed and served as required by this Order or any applicable practice direction.
(2) For the purposes of this Order, a document is filed only when it has been lodged with the Registrar and accepted by the Registrar for filing and sealed with the seal of the Court.
64.02 Commencement of appeal by filing notice of appeal
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(1) An appeal to the Court of Appeal is commenced by filing with the Registrar—
(a) a notice of appeal in accordance with Form 64A;
(b) a written case; and
(c) any additional document required by any applicable practice direction to be filed at the time of commencing an appeal.
Note
Section 14A of the Supreme Court Act 1986 provides that any civil appeal to the Court of Appeal requires leave to appeal to be obtained from the Court of Appeal except in the cases specified in section 14A(2) of the Act. See also Rule 64.20.
(2) Each person who was a party to the proceeding or matter in which the decision in question was made and who is affected by the appeal shall be named as a respondent to the appeal.
64.03 Applications, including for leave to appeal
(1) An application for leave to appeal to the Court of Appeal under section 14A or 17A of the Act or under any other Act or otherwise is commenced by filing with the Registrar—
(a) an application in accordance with Form 64A;
(b) a written case; and
(c) any additional document required by any applicable practice direction to be filed at the time of commencing such an application.
(2) Each person who was a party to the proceeding or matter in which the decision in question was made and who is affected by the application for leave to appeal shall be named as a respondent to the application.
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(3) An application other than an application for leave to appeal to the Court of Appeal is made by filing with the Registrar—
(a) an application in accordance with Form 64B;
(b) an affidavit in support in accordance with any applicable practice direction; and
(c) any additional document required by any applicable practice direction to be filed at the time of commencing such an application.
(4) Each person who is affected by the application shall be named as a respondent to the application.
64.04 Contents of application for leave to appeal or notice of appeal
An application for leave to appeal or a notice of appeal shall—
(a) identify the decision to which the application for leave to appeal relates or the decision appealed, as the case may be;
(b) state whether leave is required and—
(i) if not, state why; and
(ii) where leave is required, whether an oral hearing is requested;
(c) in the case of a notice of appeal, set out the grounds of appeal specifically and concisely;
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(d) in the case of an application for leave to appeal, set out specifically and concisely—
(i) the reasons why leave should be granted; and
(ii) the proposed grounds of appeal if leave were granted;
(e) state the decision sought in place of that to which the application or appeal relates;
(f) set out any extension of time requested;
(g) state whether the whole or part only and which part of the decision is sought to be appealed or is being appealed;
(h) state whether a stay is requested;
(i) state whether the application for leave to appeal or the appeal is urgent, and if so, the reasons for the urgency;
(j) identify each party or person on whom it is proposed to serve the application for leave to appeal or the notice of appeal; and
(k) provide the applicant's or appellant's address for service in accordance with these Rules, including an active e-mail address if available.
64.05 Time for filing application for leave to appeal or notice of appeal
(1) An application for leave to appeal or, where leave to appeal is not required, a notice of appeal and the other required documents shall be filed—
(a) within 28 days after the decision to which the application or appeal relates was made; or
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(b) within such further time as the Court of Appeal or the Registrar may allow.
(2) If leave to appeal is required, and a notice of appeal is filed before leave has been granted, any respondent may apply to the Court of Appeal for an order dismissing the appeal as incompetent under Rule 64.33.
64.06 Service of applications, notices of appeal and related documents
(1) In the case of an application for leave to appeal or an appeal, the applicant or appellant shall serve on each respondent—
(a) a copy of the application for leave to appeal or notice of appeal;
(b) a copy of the written case of the applicant or appellant; and
(c) a copy of any additional document filed at the time of commencing the application for leave to appeal or appeal.
(2) Notwithstanding paragraph (1), notice need not be given of an application for leave to appeal or a notice of appeal from a decision refusing an application made without notice to any person, unless the Registrar or the Court of Appeal otherwise directs.
(3) In the case of an application other than an application for leave to appeal, the applicant shall serve on each respondent to the application—
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(a) a copy of the application;
(b) a copy of the affidavit in support; and
(c) a copy of any additional document filed at the time of commencing the application.
(4) A copy of an application, including for leave to appeal, notice of appeal, written case or other document which is required by this Rule or by another provision of this Order or by any applicable practice direction to be served may be served—
(a) on a person or party personally; or
(b) at the person's or party's address for service under these Rules, including Rule 1.19.
(5) Within 7 days after service, the applicant or appellant shall file a list, in accordance with Form 64C, signed by the applicant or appellant or on behalf of the applicant or appellant, that identifies—
(a) each party or person upon whom the relevant documents have been served;
(b) the address of each person served (including email, if available); and
(c) the date of that service.
(6) The Court of Appeal or the Registrar may direct that a copy of an application, including for leave to appeal, notice of appeal, any written case and any other document required by this Order or any applicable practice direction be served on any person, whether or not a party to the proceeding.
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64.07 Time for service of application, including for leave to appeal, or notice of appeal
Except where this Order otherwise provides, the time for service in accordance with Rule 64.06 shall be—
(a) as soon as practicable after the application or notice of appeal is filed, but not later than five days after it is filed; or
(b) within such shorter or longer time as the Court of Appeal or Registrar may specify.
64.08 Extension of time to file or serve application, including for leave to appeal, or notice of appeal
(1) The Court of Appeal or the Registrar may extend the time to file or serve an application, including for leave to appeal, or a notice of appeal, including after the time for filing or service has expired.
(2) An application to extend the time for filing or serving an application, including for leave to appeal, or a notice of appeal is made by filing with the Registrar—
(a) an application in accordance with Form 64B;
(b) an affidavit in support in accordance with any applicable practice direction; and
(c) any additional document required by any applicable practice direction to be filed at the time of commencing the application.
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(3) Where the application is to extend the time for filing, or for filing and serving, an application for leave to appeal or a notice of appeal—
(a) the extension application shall be filed with the Registrar at the same time as the application for leave to appeal or notice of appeal and the written case and other documents required by Rule 64.02 or 64.03, as the case may be, are filed; and
(b) a copy of the extension application and of the affidavit in support and of any additional document filed in connection with the extension application shall be served by the applicant or appellant on each respondent at the same time as the documents required by Rule 64.02 or Rule 64.03, as the case may be, are served.