PART II | Division 1 — Commencing appeal proceedings |
6.—(1) An appeal to the Minister shall be made by lodging a notice of appeal in accordance with rule 7.(2) A notice of appeal must be lodged —| (a) | for an appeal against an appealable decision that is a decision or direction of the Authority given by or under section 60 of the Act — within a period of 14 days after the appellant is notified of the decision or direction; or | | (b) | for an appeal against any other appealable decision — within a period of 14 days after —| (i) | the code of practice or standard of performance is issued or approved; or | | (ii) | the appellant is notified of the decision, |
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| (3) The Minister may, on the application of the appellant, allow an extension of the period delimited under paragraph (2) for the lodgment of the notice of appeal. |
| (4) On receiving the notice of appeal, the Appeals Secretary must forward a copy thereof to each of the other parties concerned. |
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7.—(1) Every notice of appeal —| (a) | must state —| (i) | the name and address of the appellant; | | (ii) | the name and address of the appellant’s authorised representative or legal representative; and | | (iii) | an address in Singapore for the service of documents; |
| | (b) | must contain —| (i) | a concise statement of the circumstances under which the appeal arises, the facts and the issues in the appeal; | | (ii) | a summary of the grounds for appealing against the appealable decision of the Authority, identifying, in particular —| (A) | the statutory provision under which the appeal is brought and the statutory provision under which the appealable decision was made; | | (B) | the extent (if any) to which the appellant contends that the appealable decision was based on an error of fact or was wrong in law; and | | (C) | the extent (if any) to which the appellant is appealing against the Authority’s exercise of discretion in making the appealable decision; |
| | (iii) | a succinct presentation of the arguments of fact or law supporting each ground of appeal; and | | (iv) | the relief or directions (if any) sought by the appellant; |
| | (c) | must be signed and dated by the appellant, or on his behalf by his authorised representative or legal representative; and | | (d) | must be accompanied by —| (i) | a copy of the appealable decision (including the code of practice or standard of performance, where applicable); | | (ii) | any documents supporting the arguments of fact or law; and | | (iii) | a fee of $500. |
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(2) Without prejudice to the generality of paragraph (1)(b)(ii), in the case of an appeal against a price control determination relating to a regulatory period, the notice of appeal may also refer to any re-classification of services and facilities pursuant to —| (a) | any certification under rule 5 of the Civil Aviation Authority of Singapore (Price Control for Aeronautical Charges) Rules 2009 (G.N. No. S 298/2009) that takes effect in that regulatory period; | | (b) | any cancellation of such a certification that takes effect in that regulatory period; or | | (c) | any recommendation under rule 5(3) of those Rules affecting that regulatory period. |
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| (3) Unless the Minister otherwise directs, the appellant must lodge the duly signed original of the notice of appeal and its accompanying documents with the Minister together with 5 copies thereof, each certified by the appellant, or his authorised representative or legal representative, to be in conformity with the original. |
| (4) An appellant cannot raise or rely on any ground of appeal which is not stated in the notice of appeal during the hearing of the appeal unless the appellant has permission to amend his notice of appeal to include that ground. |
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| Defective notices of appeal |
8.—(1) If the Minister considers that a notice of appeal is not lodged in accordance with rule 7, is materially incomplete, unduly prolix or lacking in clarity, the Minister may give such directions to the appellant as may be necessary to remedy the notice.| (2) The Minister may, if he considers that the efficient conduct of the appeal proceedings so requires, instruct the Appeals Secretary to defer forwarding a copy of the notice of appeal to the other parties concerned until after the directions given under paragraph (1) have been complied with. |
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| Summary disposal of appeal |
9.—(1) Where the only parties to an appeal are the appellant and the Authority, the Minister may, after giving the parties an opportunity to be heard, at any stage in the appeal proceedings and without calling for a defence from the Authority, determine the appeal by confirming the appealable decision of the Authority if —| (a) | he considers that the notice of appeal discloses no valid ground of appeal; | | (b) | he considers that the appellant is not a person entitled to appeal under section 55(1) or (2) of the Act; | | (c) | he is satisfied that the appellant has habitually and persistently, and without any reasonable ground —| (i) | made vexatious appeals to the Minister; or | | (ii) | made vexatious applications in the appeal proceedings or other appeal proceedings before the Minister; or |
| | (d) | the appellant has, without reasonable excuse, failed to comply with the time delimited by any provision of these Rules for the submission of any notice, document or other information in the appeal proceedings, or with any direction of the Minister under these Rules. |
| (2) Where the Minister determines an appeal under paragraph (1), he may make such consequential order as he considers appropriate. |
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| Amendment of notice of appeal |
10.—(1) The appellant may, with the permission of the Minister, amend his notice of appeal.| (2) Where the Minister grants permission under paragraph (1), he may do so on such terms or conditions as he thinks fit to impose, and he shall give such further or consequential directions as he may consider necessary. |
(3) No permission to amend a notice of appeal in order to add a new ground of appeal shall be granted unless the Minister is satisfied that —| (a) | such ground is based on any matter of fact or law which came to light after the notice of appeal was lodged; | | (b) | it was not practicable to include such ground in the notice of appeal at the time the notice of appeal was lodged; or | | (c) | there are exceptional circumstances to do so. |
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11.—(1) The appellant may, with the permission of the Minister, withdraw his appeal.| (2) Where the Minister grants permission under paragraph (1), he may require the Appeals Secretary to publish a notice of the withdrawal of the appeal on the Authority’s website or in such other manner as the Minister may direct. |
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| Division 2 — Response to appeal proceedings |
12. On receiving a notice of appeal, the Appeals Secretary must —| (a) | affix to the notice an official stamp showing the date on which the notice was received; | | (b) | enter the appeal in a list and assign a number thereto, which shall constitute the title of the appeal; | | (c) | inform the appellant of the title of the appeal; and | | (d) | subject to rules 8, 9 and 10, forward a copy of the notice of appeal to the Authority. |
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13.—(1) The Authority must file with the Minister a defence within a period of 21 days after receiving a copy of the notice of appeal from the Appeals Secretary.(2) The defence —| (a) | must state —| (i) | the name and address of the Authority; | | (ii) | the name and address of the Authority’s legal representative; and | | (iii) | an address in Singapore for the service of documents; |
| | (b) | must contain —| (i) | a succinct presentation of the arguments of fact or law upon which the Authority will rely in responding to each ground of appeal; and | | (ii) | the relief or directions (if any) sought by the Authority; and |
| | (c) | must be signed and dated by a duly authorised officer or the legal representative of the Authority. |
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| (3) To file a defence, the Authority must send the duly signed original of the defence and its accompanying documents to the Appeals Secretary together with 5 copies thereof, each certified by a duly authorised officer or the legal representative of the Authority to be in conformity with the original. |
| (4) The Minister may, on the application of the Authority, in his discretion, extend the period delimited under paragraph (1) for the sending of the defence. |
| (5) On receiving the defence, the Appeals Secretary must forward a copy to the appellant. |
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14.—(1) If the Minister considers that a defence is not sent in accordance with rule 13, is materially incomplete, unduly prolix or lacking in clarity, the Minister may give such directions to the Authority as may be necessary to remedy the defence.| (2) The Minister may, if he considers that the efficient conduct of the appeal proceedings so requires, instruct the Appeals Secretary to defer forwarding a copy of the defence to the appellant until after the directions given under paragraph (1) have been complied with. |
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15.—(1) The Authority may, with the permission of the Minister, amend its defence.| (2) Where the Minister grants permission under paragraph (1), he may do so on such terms or conditions as he thinks fit to impose, and shall give such further or consequential directions as he may consider necessary. |
(3) No permission to amend a defence will be granted unless the Minister is satisfied that —| (a) | there exists any matter of fact or law which came to light after the defence was sent to the Minister; | | (b) | it was not practicable to include in or omit from the defence, as the case may be, the subject-matter of the amendment proposed by the Authority at the time the defence was sent to the Minister; or | | (c) | there are exceptional circumstances to do so. |
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| Division 3 — Reply and rejoinder |
16.—(1) The appellant may file with the Minister a reply to the Authority’s defence, not later than 21 days after the date on which the copy of the defence was sent by the Appeals Secretary to the appellant.(2) The appellant’s reply —| (a) | must contain a succinct presentation of the arguments of fact or law in reply to the Authority’s defence; | | (b) | must be signed and dated by the appellant, or on his behalf by his authorised representative or legal representative; and | | (c) | must be accompanied by any documents supporting those arguments of fact or law in reply. |
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| (3) To file a reply, the appellant must lodge the duly signed original of the reply and any accompanying documents with the Minister, each certified by the appellant, or his authorised representative or legal representative, to be in conformity with the original, and must also send the copies thereof to the Authority. |
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17.—(1) The Authority may file with the Minister a rejoinder to the appellant’s reply under rule 16, not later than 21 days after the date it received the copies of the appellant’s reply and the accompanying documents under rule 16(3) from the appellant.(2) The Authority’s rejoinder —| (a) | must contain a succinct presentation of the arguments of fact or law in reply to the appellant’s reply; | | (b) | must be signed and dated by a duly authorised officer or the legal representative of the Authority; and | | (c) | must be accompanied by any documents supporting those arguments of fact or law in reply to the appellant’s reply. |
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| (3) To file a rejoinder, the Authority must lodge the duly signed original of its rejoinder and any accompanying documents with the Minister, each certified by a duly authorised officer or the legal representative of the Authority to be in conformity with the original, and must also send the copies thereof to the appellant. |
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| 18. The Minister may, on the application of the appellant or the Authority, in his discretion, extend the period delimited under rule 16 or 17 for the sending of the reply or the rejoinder, as the case may be. |
| No new grounds to be raised |
19.—(1) Any reply of the appellant or rejoinder of the Authority under rule 16 or 17 must not raise any new ground of appeal or defence, as the case may be, except with the permission of the Minister.| (2) Where any new ground of appeal or defence is raised without the permission of the Minister, the Minister may disregard it in his consideration of the appeal. |
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| Division 4 — Case management |
20.—(1) Where 2 or more appeal proceedings are pending in relation to the same decision of the Authority, or involve the same or similar issues, the Minister may at any time, on the request of a party or of his own initiative, direct that the proceedings or any particular issue or matter raised in the proceedings be consolidated or heard together.| (2) All the parties to the relevant proceedings shall be entitled to make their submissions thereon before a direction under paragraph (1) is made. |
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21.—(1) The Minister may at any time, whether at a case management conference or otherwise, on the request of a party or of his own initiative, give one or more of the directions referred to in paragraph (2), or such other directions as he thinks fit to secure the just, expeditious and economical conduct of the appeal proceedings.(2) Without prejudice to the generality of paragraph (1), the Minister may give directions —| (a) | as to the manner in which the proceedings are to be conducted; | | (b) | as to the issues on which he requires evidence, the nature of the evidence required, and the manner in which the evidence is to be placed before him; | | (c) | for the preparation and exchange of skeletal arguments; | | (d) | for the filing by the appellant or the Authority of a core bundle or core bundles comprising a copy of every document on which the appellant or the Authority (as the case may be) rely, including the written statements of all witnesses of fact and expert witnesses (if any); | | (e) | requiring any person to attend and give evidence or to produce documents to the Minister or to a Panel established in respect of an appeal; | | (f) | inviting parties to make any submission on certain aspects of the proceedings; | | (g) | as to the submission of witness statements or expert reports before the hearing; | | (h) | as to the examination or cross-examination of witnesses; | | (i) | as to the abridgement or extension of any time limit; | | (j) | to enable the decision which is the subject of the appeal to be referred back in whole or in part to the Authority; | | (k) | for the disclosure between, or the production by, the parties of documents or classes of documents; | | (l) | for the appointment and instruction of experts by the parties, and the manner in which expert evidence is to be given; | | (m) | requesting parties or persons who are not parties for information or particulars or for any document relating to the appeal to be produced; and | | (n) | for hearing a person who is not a party where, in any proceedings, it is proposed to give a direction in relation to that person. |
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(3) The Minister may, in particular, of his own initiative —| (a) | put questions to the parties and the witnesses; | | (b) | invite the parties to make written or oral submissions on certain aspects of the proceedings; | | (c) | ask the parties or third parties for information or particulars; | | (d) | ask for any document relating to the appeal to be produced; and | | (e) | summon the parties or their representatives to meetings. |
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(4) A request by a party for directions must be —| (a) | made in writing without delay; and | | (b) | served by the Appeals Secretary on any other party who may be affected by such directions, as determined by the Minister after taking into account the submissions (if any) of the parties. |
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| Case management conference |
22.—(1) The Minister may at any time, on the request of a party or of his own initiative, give directions for a case management conference to be held before the Appeals Secretary where it appears to the Minister that any appeal proceedings would be facilitated by holding such a conference and, in particular —| (a) | to ensure the efficient conduct of the appeal proceedings; | | (b) | to determine the points on which the parties have to present further arguments or which call for further evidence to be produced; | | (c) | to clarify the terms of the orders sought by the parties, their arguments of fact and law and the points at issue between them; | | (d) | to ensure that all agreements reached between the parties about the matters in issue and the conduct of the proceedings are recorded; or | | (e) | to facilitate the settlement of the proceedings. |
| (2) In holding a case management conference under paragraph (1), the Appeals Secretary shall act in accordance with such general or specific instructions as the Minister may issue with regard thereto. |
| (3) Unless the Minister otherwise directs, a case management conference must be held as soon as practicable after the filing of the defence by the Authority unless a reply is filed within the time delimited by Division 3, in which case after the filing of the rejoinder. |
| (4) A case management conference must be held in private unless the Minister otherwise directs. |
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| Division 5 — Hearing of appeals |
23.—(1) The Minister —| (a) | is not bound by the provisions of the Evidence Act (Cap. 97) or by any other written law relating to evidence; and | | (b) | may give directions as to —| (i) | the issues on which he requires evidence; | | (ii) | the nature of the evidence which he requires to decide those issues; and | | (iii) | the manner in which the evidence is to be placed before him. |
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(2) The Minister may, in his discretion, receive new evidence on any matter relating to an appeal if he is satisfied that ––| (a) | the evidence could not have been obtained with reasonable diligence at the time of the Authority’s appealable decision; | | (b) | the evidence, if given, would have had an important influence on the result of the case, though it need not be decisive; and | | (c) | the evidence is credible. |
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| Minister may obtain information |
| 24. Where the Minister requires any person to provide information under section 55(4) of the Act in relation to an appeal, a copy of such information shall be given to the parties to the appeal, who shall be invited to make their submissions thereon. |
| Requests for confidential treatment |
25.—(1) A request for the confidential treatment of a document or part of a document filed or provided in connection with any appeal proceedings before the Minister —| (a) | must be made in writing by the party who submitted the document or provided such a document when submitting or providing such a document; | | (b) | must, where the request relates to part of a document, state the relevant words, figures or passages for which confidentiality is claimed; and | | (c) | must contain the reasons for the request for withholding the document from the other party to the appeals proceedings and, where the request relates to part of a document, the reasons specific to each part thereof. |
| (2) The party making the request for the confidential treatment of a document or part of a document must also file with the Minister, if the party considers it possible to summarise or redact the material in the document, a non-confidential version of the document in a form which can be served on the other party. |
| (3) No request for confidential treatment will be considered if the request does not comply with paragraph (1), unless the Minister considers that the circumstances are exceptional. |
(4) The Minister may grant confidential treatment in relation to any document or part thereof, on such terms and conditions as he thinks fit (including changes to the summary or redacting of material in any non-confidential version filed under paragraph (2)), if he is satisfied that the document or part thereof contains ––| (a) | information the disclosure of which would, in his opinion, be contrary to the public interest; | | (b) | commercial information the disclosure of which, in his opinion, would or may significantly harm the legitimate business interests of the undertaking to which it relates; or | | (c) | information relating to the private affairs of an individual the disclosure of which, in his opinion, would or may significantly harm the interests of that individual. |
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| (5) In the event of a dispute as to whether confidential treatment should be granted, the Minister must decide the matter after hearing the parties, taking into account the matters referred to in paragraph (4). |
| (6) The Minister must not rely on any document or part thereof to which confidential treatment has been granted, for the purposes of considering the appeal and making a determination for resolving it, but may rely on the non-confidential version filed (if any) under paragraph (2) or (7)(a), as the case may be. |
(7) When the Minister grants confidential treatment in relation to any document or part thereof under this rule in connection with any appeals proceedings, the party making the request for the confidential treatment must, no later than 5 days after the Minister’s decision —| (a) | in the case where the grant is subject to changes to the summary or redacting of material in any non-confidential version of that document filed under paragraph (2), accordingly change the non-confidential version of that document filed and file the revised non-confidential version with the Minister, and send to the other party to the appeals proceedings the revised non-confidential version, notifying the other party that it has been redacted or summarised; or | | (b) | in any other case, send to the other party to the appeals proceedings the non-confidential version filed under paragraph (2) (if any), notifying the other party that it has been redacted or summarised. |
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| Failure to comply with directions or time limits |
26.—(1) If a party to any appeal proceedings fails to comply with any direction given by the Minister in accordance with these Rules, the Minister may, if he considers that the justice of the case so requires, order that such party be debarred from taking any further part in the proceedings without the permission of the Minister.| (2) The Minister, in his consideration of an appeal, may disregard any notice, defence, reply, rejoinder or other submission or document served on the Minister after the expiry of the time limit for the service of such submission or document imposed by any provision of these Rules or any direction of the Minister. |
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27.—(1) The Minister may, in his discretion, adjourn any hearing of an appeal on any ground and may fix a date for a further hearing.| (2) The Minister may, on the conclusion of a hearing of an appeal, adjourn for any period of time for the purpose of considering his decision. |
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| Non-attendance of parties |
| 28. If, at the time appointed for the hearing of an appeal, any party to the proceedings does not appear, the Minister may, if he is satisfied that the party has been duly notified of the hearing, proceed with the hearing and make such order as he thinks fit. |
| Decision of Minister to be notified, etc. |
| 29. The Appeals Secretary must notify the appellant, the Authority and any other party in the appeal of the Minister’s decision in respect of the appeal, and the reasons for his decision. |
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