In forceAs enacted

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Supreme Court of Judicature (Intellectual Property) Rules 2022 · As enacted · Part 2 · Simplified Process for Certain Intellectual Property Claims

10. Appellate court may limit costs of appeal

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(1)

The appellate court may make an order to limit the costs recoverable on an appeal from a decision of the Court in an originating claim to which this Part applies.

(2)

An order under paragraph (1) may be made by the appellate court on its own motion or on the application of any party.

(3)

An application under paragraph (2) —

(a)

may be made even if a notice of appeal is not filed; and

(b)

may not be made more than 14 days after a notice of appeal is filed.

(4)

In deciding whether to make an order under paragraph (1), the appellate court must have regard to all relevant matters, including —

(a)

the means of the parties;

(b)

whether the appeal raises a point of law or practice of public importance; and

(c)

the need to facilitate access to justice.

(5)

The appellate court is not bound by an order under paragraph (1) in ordering any costs against a party that, after the order was made, conducted itself unreasonably.

(6)

In this rule, “appellate court” means the court to which an appeal from a decision of the Court is or may be made.

Subregulation 1