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Decisions of General Division that are appealable only with leave, and certain exceptions

Supreme Court of Judicature Act 1969

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FIFTH SCHEDULESections 29A(1)(b) and (c) and (2)(b) and 83(1)Decisions of General Division that are appealable only with leave, and certain exceptionsDefinition1. In this Schedule, “appellate court”, in relation to an appeal against a decision of the General Division, means the court to which the appeal is to be made under section 29C.Cases not exceeding $250,0002.—(1) Subject to sub-paragraph (2) and paragraph 4(2), the leave of the appellate court is required to appeal against a decision of the General Division in a case mentioned in section 29A(1)(b).(2) Despite section 29A(1)(b), leave is not required to appeal against the following decisions of the General Division:(a)any decision of the General Division made in the exercise of its original jurisdiction under any written law which requires that case to be decided by the General Division in the exercise of its original jurisdiction;(b)any decision of the Family Division of the High Court made in the exercise of its original jurisdiction.Interlocutory decisions, etc.3. Subject to paragraph 4(2), the leave of the appellate court is required to appeal against a decision of the General Division in any of the following cases:(a)where a Judge makes an order giving unconditional leave to defend any proceedings; (b)where a Judge makes an order giving leave to defend any proceedings on condition that the party defending those proceedings pays into court or gives security for the sum claimed, except if the appellant is that party; (c)where a Judge makes an order setting aside unconditionally 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); (d)where a Judge makes an order setting aside a default judgment on condition that the party against whom the judgment had been entered pays into court or gives security for the sum claimed, regardless of how the default judgment was obtained (including whether by reason of a breach of an order of court or otherwise), except if the appellant is that party; (e)where a Judge makes an order refusing to strike out —(i)an action or a matter commenced by a writ of summons or by any other originating process; or (ii)a pleading or a part of a pleading; (f)where the only issue in the appeal relates to costs or fees for hearing dates;(g)where a Judge sitting in chambers makes a decision in a summary way on an interpleader summons where the facts are not in dispute;(h)where a Judge makes an order refusing leave to amend a pleading, except if —(i)the application for leave is made after the expiry of any relevant period of limitation current at the date of issue of the writ of summons; and(ii)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;(i)where a Judge makes an order giving security for costs;(j)where a Judge makes an order giving or refusing discovery or inspection of documents;(k)where a Judge makes an order refusing a stay of proceedings;(l)where a Judge makes an order at the hearing of any interlocutory application other than an application for any of the following matters:(i)for summary judgment;(ii)to set aside a default judgment;(iii)to strike out an action or a matter commenced by a writ of summons or by any other originating process, a pleading or a part of a pleading;(iv)to dismiss an action or a matter commenced by a writ of summons or by any other originating process;(v)for further and better particulars;(vi)for leave to amend a pleading;(vii)for security for costs;(viii)for discovery or inspection of documents;(ix)for interrogatories to be varied or withdrawn, or for leave to serve interrogatories;(x)for a stay of proceedings;(m)where a Judge at the hearing of an appeal under section 17, 29, 35 or 44 of the Protection from Online Falsehoods and Manipulation Act 2019 refuses to set aside the Part 3 Direction, Part 4 Direction, Declaration or Account Restriction Direction (as the case may be) against which the appeal was brought.Appellate decisions of Family Division4.—(1) The leave of the appellate court is required to appeal against a decision 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.(2) Section 29A(1)(b), and section 29A(1)(c) read with paragraph 3, do not apply to an appeal against a decision 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.[40/2019]

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