Lost a High Court Trial? How to Appeal a High Court Judgment in Singapore: Which Appellate Court, 28 Days and S$20,000 Security

Short answer: A company that loses a civil trial in the General Division of the High Court usually appeals to the Appellate Division; the Court of Appeal hears listed categories such as arbitration, insolvency and constitutional cases. The notice of appeal is due within 28 days, with S$20,000 security for costs, and the appeal does not stop enforcement.

Losing a trial in the High Court is not always the end of the matter, but the window to challenge the result is short and the rules on where the appeal goes are not obvious. This guide explains how to appeal a High Court judgment in Singapore when your company is the losing party: which appellate court hears it, when permission is needed, the deadlines, security for costs, enforcement in the meantime, and what the company secretary prepares while the solicitor runs the appeal. “The General Division” means the General Division of the High Court; “appellate court” means the Appellate Division or the Court of Appeal, whichever hears the appeal.

Raffles Corporate Services works with a panel of experienced Singapore law firms who offer cost-effective and efficient legal service and advice. This article is general information only and is not legal advice.

How do you appeal a High Court judgment in Singapore?

You file a notice of appeal to the appellate court, which rehears the case on the trial record rather than holding a new trial. Further evidence is allowed only with permission and on special grounds, unless it concerns events after the judgment (SCJA, sections 41 and 59).

The Rules of Court 2021 (ROC 2021) have two tracks. Order 19 covers appeals against a judgment after trial, including the hearing on the merits of an originating application and a judgment after damages are assessed by a judge. Order 18 covers appeals against decisions on applications within a case. This guide focuses on Order 19, where a company lands after losing a trial.

Decisions of a registrar are first challenged before a judge; see our guide to the registrar’s appeal in Singapore. State Courts cases go to the General Division instead, as explained in our guide to appealing a District Court judgment.

Which court hears the appeal: the Appellate Division or the Court of Appeal?

The Appellate Division, unless the case falls within the Sixth Schedule to the SCJA or another written law sends it to the Court of Appeal. The Schedule looks at the kind of case the appeal arises from, even if the appeal itself raises no issue in that area of law.

A wrong choice is not fatal: the Court of Appeal may transfer appeals to itself or to the Appellate Division (sections 29D and 29E). Your solicitor will still aim to file correctly, because a transfer adds time and cost. The full Sixth Schedule to the SCJA is on Singapore Statutes Online.

What is the legal basis, and when is permission needed?

The right of appeal and the choice of court come from the SCJA; the procedure comes from Orders 18 and 19 of the ROC 2021, all in force on 10 November 2026. Permission is needed if the amount in dispute at trial, excluding interest and costs, is S$250,000 or less, or the case is one listed in the Fifth Schedule.

Two timing points cause most of the trouble. First, time does not run until the judge has decided all matters, including costs; a direction that costs be assessed counts. If costs are not decided within 30 days after everything else, time starts when that 30-day period expires (Order 19, Rule 4(1) and (1A)). Second, permission applications are decided on written submissions of up to 15 pages, with no affidavit and no oral argument unless the appellate court allows it (Digest 6A, para 21 and footnote 49).

The Singapore Courts summarise these rules in Digest 6A on appeals in the Supreme Court.

What are the steps in an appeal after trial?

The appeal runs to fixed deadlines and is decided largely on paper. The steps assume the company is the appellant; court proceedings are conducted by a Singapore Advocate and Solicitor.

1. Judgment and costs. Note when the judge decided all matters, including costs, and diary the 28-day (or 14-day) deadline.
2. Board decision. The directors take advice on merits, costs risk and budget, then resolve whether to appeal and who instructs the solicitor.
3. Permission, if required, applied for within 14 days.
4. Notice of appeal and security. The solicitor files and serves Form 35 and, at the same time, a certificate for security for costs in Form 36 (Order 19, Rule 27(1)).
5. Grounds and record. The judge issues written grounds if not already given, and the Registry tells the parties when the record of proceedings is ready (Order 19, Rule 30).
6. Appellant’s filings. Within 8 weeks, the appellant files the record of appeal, Appellant’s Case (55 pages), core bundle and authorities (Order 19, Rules 30(4) and 32). If not, the appeal is deemed withdrawn unless the court orders otherwise.
7. Respondent’s Case within 28 days after service, then any Appellant’s Reply (25 pages) within 14 days.
8. Hearing. The Appellate Division and the Court of Appeal generally sit with 3 or a greater uneven number of judges (SCJA, sections 32 and 50), and may decide some matters without an oral hearing.

What documents are needed, and what does each side prepare?

The company supplies authority, facts and records; the solicitor prepares and files everything that goes to court. A corporate service provider (CSP) never conducts the appeal.

Raffles Corporate Services does not give legal advice or act in court; a law firm from our panel handles the appeal. A judgment under appeal may need a provision or contingent liability disclosure; see our guide to FRS 37 provisions and contingent liabilities.

How much is security for costs, and what if trial costs are unpaid?

For an appeal after trial, the security is S$20,000 for each respondent, or each set of respondents represented by the same firm (Order 19, Rule 27(3) and (5)). Any party may ask the appellate court to vary or waive it, and the court may order further security.

Further security can be substantial, and unpaid costs can halt an appeal. In Owner of the vessel “CHLOE V” v UBS AG [2026] SGCA 7 (unreported), an admiralty appeal heard by the Court of Appeal, the appellant had not paid costs ordered below. The court ordered further security of S$100,000, making S$120,000 in total, and stayed the appeal for four weeks pending payment of the outstanding costs, failing which it would be deemed struck out (at [54] and [55]).

The court relied on Order 21, Rule 2(6) of the ROC 2021, which lets a court stay or dismiss an appeal if a party refuses or neglects to pay costs ordered. Agreeing with the Appellate Division in Huttons Asia Pte Ltd v Chen Qiming [2024] 2 SLR 401 at [28] to [29], it said a more robust approach now applies, and an appellant without a good reason for not paying should ordinarily expect a stay (at [30] to [32]). Budget for the trial costs order as well as the appeal; our guide to party and party costs explains how those are set.

Assumptions: a civil appeal under the ROC 2021 by a represented company; the court may give different directions.

Does the appeal stop the other side enforcing the judgment?

No. An appeal to either appellate court is not a stay of execution or enforcement unless the General Division or the appellate court orders one (SCJA, sections 45(1) and 60C(1); Order 19, Rule 6(1)).

An application that can be made to either the General Division or the Appellate Division must be made to the General Division first (section 39). A court may attach conditions, such as paying the judgment sum into court, and interest for the period enforcement is delayed by the appeal is allowed unless a court orders otherwise (Order 19, Rule 6(3)). Our guide to stay of enforcement in Singapore covers the options when a company cannot pay at once.

What happens after the decision, and what are the common mistakes?

The appellate court allows or dismisses the appeal, may order a new trial, and deals with costs (SCJA, sections 42, 43, 60 and 60A). The security is applied to any costs ordered against the appellant without a further order, and any balance is returned (Order 19, Rule 33).

An appeal from the Appellate Division to the Court of Appeal needs the Court of Appeal’s permission, granted only if it will raise a point of law of public importance (section 47). An appeal is not lodged with ACRA, but if the final order changes shareholders, directors or registered particulars, the usual ACRA filings follow once it is extracted.

Common mistakes:

• Counting 28 days from the wrong date, or waiting for written grounds.
• Filing a notice of appeal when the claim was S$250,000 or less and permission was needed within 14 days.
• Filing in the wrong appellate court for an arbitration, insolvency or other Sixth Schedule case.
• Assuming the appeal freezes enforcement.
• Leaving trial costs unpaid while appealing.
• Missing the 8-week deadline, so the appeal is deemed withdrawn.

Our free tools help keep company deadlines in one place. If a High Court judgment has just gone against your company, speak to a lawyer before the window closes.

Frequently asked questions

Is the Appellate Division lower than the Court of Appeal?

Both are appellate courts of the Supreme Court. The Appellate Division hears most civil appeals from the General Division; the Court of Appeal hears the Sixth Schedule categories, and an appeal to it from the Appellate Division needs permission.

Do we need permission to appeal a High Court judgment?

Only in some cases: where the amount in dispute at trial, excluding interest and costs, is S$250,000 or less, or where the Fifth Schedule to the SCJA requires it. The application goes to the appellate court within 14 days.

Can the company present new evidence on appeal?

Generally no. The appeal is a rehearing on the record, and further evidence needs permission and special grounds unless it concerns events after the judgment.

Do we get the S$20,000 security back?

If no costs of the appeal are ordered against the company, yes. If costs are ordered, the security is paid towards them and any balance is returned (Order 19, Rule 33).

Last reviewed: 10 November 2026. The Editorial Team, Raffles Corporate Services.