5173Appeals to Supreme Court—costs for failure to apply for

5173 Appeals to Supreme Court—costs for failure to apply for appeal to be struck out as incompetent (1) This rule applies if a respondent to the appeal does not make an application under rule 5172 (1) and the appeal is struck out by the Supreme Court as incompetent. (2) The respondent must not receive any costs of the appeal, unless the Supreme Court otherwise orders. (3) The Supreme Court may order that the respondent pay the appellant any costs of the appeal wasted because of the respondent’s failure to make an application under rule 5172 (1). (4) The Supreme Court may make an order under this rule on application by a party to the appeal or on its own initiative.