Supreme Court (Civil Appeals Amendments) Rules 2014
S.R. No. 209/2014
table of provisions
RulePage
RulePage
1Object
2Authorising provisions
3Commencement
4Principal Rules
5Dispensing with compliance
6Procedure
7Order 64 substituted
Order 64—Appeals and Applications to
the Court of Appeal
64.01Definitions
64.02Commencement of appeal by filing notice of appeal
64.03Applications, including for leave to appeal
64.04Contents of application for leave to appeal or notice
of appeal
64.05Time for filing application for leave to appeal or
notice of appeal
64.06Service of applications, notices of appeal and related documents
64.07Time for service of application, including for leave to appeal, or notice of appeal
64.08Extension of time to file or serve application,
including for leave to appeal, or notice of appeal
64.09Service on non-party
64.10Application for leave to intervene
64.11Documents to be filed and served in response to application, including for leave to appeal, or appeal
64.12Amendment of application for leave to appeal or
notice of appeal or written case
64.13Further evidence in application for leave to appeal
or appeal
64.14Determination of applications
64.15Procedure for determination of application by single Judge of Appeal
64.16Procedure for determination of application when
referred to Court of Appeal constituted by two or
more Judges of Appeal
64.17Finality of dismissal of application for leave to
appeal after oral hearing
64.18Application to set aside or vary dismissal of
application for leave to appeal
64.19Application for leave to appeal may be treated as
appeal
64.20No notice of appeal or other initiating or responding documents required if leave to appeal granted
64.21Management of applications and appeals
64.22Settling contents of application book and appeal book
64.23Costs of compliance with directions
64.24Notes for guidance
64.25Delivery of leave application book and appeal book
64.26Costs of leave application book and appeal book
64.27Referral of applications to Court of Appeal
64.28Registrar may vacate hearing date or refer for
dismissal
64.29Discontinuance of application or appeal
64.30Cross-appeal
64.31Cross-application for leave to appeal
64.32Notice of contention
64.33Notice of objection to competency of appeal or application
64.34Effect of cross-application for leave to appeal,
cross-appeal and notice of contention
64.35Time
64.36Powers of the Court of Appeal
64.37New trial
64.38Costs
64.39Stay of execution
64.40Jurisdiction and powers exercisable by a single Judge
of Appeal
64.41Jurisdiction and powers exercisable by two Judges of Appeal
64.42Powers of and directions given by Associate Judges
and Registrar
64.43Further powers of Registrar
64.44Exercise of powers and functions of the Court of
Appeal by Associate Judge or Registrar
64.45Application or appeal taken to be abandoned
64.46Dismissal for want of prosecution or non-compliance
64.47Expedition
8Order 65 revoked
9Forms
Form 64A—*Application for Leave to Appeal/*Notice of Appeal/*Cross-application for Leave to Appeal/*Notice of Cross-appeal
Form 64B—Application Other than For Leave to Appeal or
to Cross-appeal
Form 64C—List of Persons Served
Form 64D—Notice of Opposition to Application Other than
for Leave to Appeal
Form 64E—Notice of Intention Not to Respond or Contest
Form 64F—Application to Have Dismissal of Application
for Leave Set Aside or Varied
Form 64G—Notice of Contention
Form 64H—Notice of Objection to Competency
10Consequential amendments to Chapter II
Part 3—Application for Leave to Appeal
and Appeal to the court of Appeal
4.15Commencement of application for leave to appeal or appeal
4.16Application of Order 64 of Chapter I
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ENDNOTES
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S.R. No. 209/2014
Supreme Court (Civil Appeals Amendments) Rules 2014
statutory rules 2014
S.R. No. 209/2014
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S.R. No. 209/2014
Supreme Court (Civil Appeals Amendments) Rules 2014
Supreme Court Act 1986
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S.R. No. 209/2014
Supreme Court (Civil Appeals Amendments) Rules 2014
Supreme Court (Civil Appeals Amendments) Rules 2014
1
S.R. No. 209/2014
Supreme Court (Civil Appeals Amendments) Rules 2014
The Judges of the Supreme Court make the following Rules:
1Object
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.
2Authorising provisions
These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.
3Commencement
These Rules come into operation on 10 November 2014.
4Principal Rules
In these Rules, the Supreme Court (General Civil Procedure) Rules 2005[1] are called the Principal Rules.
5Dispensing with compliance
In Rule 2.04(2) of the Principal Rules omit "orOrder 65".
6Procedure
Rule 58.01(3) of the Principal Rules is revoked.
7Order 64 substituted
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For Order 64 of the Principal Rules substitute—
"Order 64
Appeals and Applications to the Court of Appeal
64.01Definitions
(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.
64.02Commencement 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 section14A(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.
64.03Applications, 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 Form64A;
(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 Form64B;
(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.
64.04Contents 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.
64.05Time for filing application for leave to appeal or notice of appeal
(1)An application for leave to appealor, 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.
64.06Service 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 servedmay 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 Rule1.19.
(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 addressof 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 directionbe served on any person, whether or not a partyto the proceeding.
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64.07Time 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 Rule64.06 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.
64.08Extension 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 Form64B;
(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 Rule64.02 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.
(4)Where the application is only to extend the time for serving an application for leave to appeal or a notice of appeal—
(a)the extension application shall be filed with the Registrar as soon as practicable; 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, as soon as practicable, be served by the applicant or appellant on each respondent.
(5)Any respondent to an extension application who opposes the application shall fileand serve—
(a)a notice of opposition in accordance with Form 64D;
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(b)any affidavit on which the respondent intends to rely in opposition to the application; and
(c)any additional document required by any applicable practice direction.
(6)A respondentto an extension application who does not oppose itshall file and serve a notice of intention not to respond or contest in accordance with Form 64E.
(7)A notice under paragraph (5) or (6) shall be filed and served—
(a)within 14 days of service of the extension application; or
(b)within such shorter or longer time as the Court of Appeal or Registrar may specify.
(8)A respondent to an extension application who unreasonably opposes it may be ordered to pay the costs of the extension application.
(9)An extension application is ordinarily to be determined without an oral hearing, unless the Court of Appeal otherwise directs.
(10)Subject to this Rule, Rules 64.06 and 64.07 apply, with any necessary modification, to the service of an extension application.
64.09Service on non-party
Wherean application for leave to appeal or a notice of appeal is served on a person not a party—
(a)that person shall not take any step in the application for leave to appeal or appeal without first filing and serving a notice of address for service(including email, if available);
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(b)the Court of Appeal may give any judgment or make any order on the application for leave to appeal orappeal as might have been given or made if the person served with the application for leave to appeal or notice of appeal had originally been a party.
64.10Application for leave to intervene
(1)A person who was not a party to the proceeding or matter in which the decision sought to be appealed or under appeal was made or a person who does not have an independent right to appear or intervene, may apply to the Court of Appeal for leave to intervene in an application for leave to appeal or an appeal.
(2)An application for leave to intervene is made by filing with the Registrar and serving—
(a)an application in accordance with Form64B;
(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.
(3)The applicant must satisfy the Court of Appeal—
(a)that the applicant's contribution as an intervener will be useful and different from the contribution of the parties;
(b)that the intervention would not unreasonably interfere with the conduct of the application or appeal; and
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(c)of any other matter that the Court of Appeal considers relevant.
(4)When giving leave to intervene, the Court of Appeal may specify—
(a)the form of assistance to be given by the intervener;
(b)the manner of participation of the intervener;
(c)the matters that the intervener may address;
(d)whether the intervener's submissions are to be oral, in writing, or both; and
(e)whether any undertaking as to costs should be given, and if so, in what form.
64.11Documents to be filed and served in response to application, including for leave to appeal, or appeal
(1)Within 28 days after service of an application for leave to appeal or notice of appeal, or within such shorter or longer time as the Court of Appeal or the Registrar may specify, each respondent to the application for leave to appeal or appeal shall file, and shall serve a copy of—
(a)a written case in response and any additional documents required by any applicable practice direction to be filed at the time of filing the written case in response;or
(b)a notice in accordance with Form 64E that the respondent does not intend to respond to or contest the application or the appeal.
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(2)A party who has filed a notice of intention not to respond or contest referred to in paragraph (1) may apply to the Court of Appeal for leave to withdraw the notice.
(3)An application under paragraph (2) to withdraw the notice shall be accompanied by an affidavit stating—
(a)briefly but specifically the acts, facts, matters and circumstances relied upon in support of the application for leave to withdraw the notice; and
(b)the party's intentions in relation to the further conduct of the proceeding should leave to withdraw the notice be granted.
(4)Within 14 days after service of an application (other than an application for leave to appeal or an application to set aside or vary a dismissal of an application for leave to appeal) or such shorter or longer time as the Court of Appeal or the Registrar may specify, each respondent who opposes the application shall file, and shall serve a copy of—
(a)a notice of opposition in accordance with Form 64D;
(b)any affidavit on which the respondent intends to rely in opposition to the application; and
(c)any additional document required by any applicable practice direction.
(5)Within 14 days after service of an application (other than an application for leave to appeal or an application to set aside or vary a dismissal of an application for leave to appeal) or within such shorter or longer time as the Court of Appeal or the Registrar may specify, each respondent who does not oppose the application shall file, and shall serve a copy of, a notice in accordance with Form 64E that the respondent does not intend to respond to or contest the application.
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(6)A respondent who has filed a notice of intention not to respond or contest under paragraph (5) may, without leave, withdraw the notice, but in that event, paragraph (4) of this Rule will apply to that respondent.