Supreme Court dismisses cassation appeal when second-instance court exceeds appeal limits but total amount remains under statutory threshold.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal because the total disputed amount remained below the statutory threshold for admissibility. Although the Court of Appeal exceeded the appellant's specific appeal limits by ruling on the full overpayment sum, the final monetary value was insufficient to trigger a cassation review. The court held that the appeal was inadmissible under the Civil Procedure Code regardless of the procedural error regarding the scope of the appeal.
Legislator headnote
AI generatedArt. 378 § 1 KPC; Art. 393 pkt 1 KPC: When a second-instance court rules on a claim partially outside the appeal scope, the subject matter value for cassation is the amount adjudicated by that court; however, if this value remains below the statutory threshold, the cassation is inadmissible.