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Court Procedures Rules
5473Appeals to Court of Appeal—costs for failure to apply for
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5473 Appeals to Court of Appeal—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 5472 (1) and the appeal is struck out by the
Court of Appeal as incompetent.
(2) The respondent must not receive any costs of the appeal, unless the
Court of Appeal otherwise orders.
(3) The Court of Appeal 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 5472 (1).
(4) The Court of Appeal may make an order under this rule on application
by a party to the appeal or on its own initiative.