Appeal dismissed; defendant not liable for second-instance costs due to procedural irregularities in first instance.

The Court of Appeal dismissed the plaintiff's appeal against the first-instance judgment regarding the defendant's liability for litigation costs. The plaintiff argued that the lower court failed to properly assess the defendant's conduct, while the defendant contended that procedural errors in the first instance precluded cost allocation. The court ruled that because the first-instance proceedings contained significant irregularities, the defendant could not be held liable for the costs of the second instance.