Supreme Court treats appeal on costs not decided in first instance as appeal under new Civil Procedure Code provision.
Legislator summary
AI generatedThe Supreme Court declared the cassation appeal admissible regarding costs not adjudicated by the first instance court, classifying such a ruling as an appealable order. The appellant argued that the second instance court's decision on costs violated procedural rules, while the respondent contended the matter was already settled. The court ruled that under the new Civil Procedure Code, a decision on costs omitted by the first instance constitutes a separate appealable order, but it partially granted the appeal by reducing the awarded costs to ensure fairness given the plaintiff's financial situation.
Legislator headnote
AI generatedArt. 3941 § 1 pkt 2 k.p.c.; Art. 394 § 2 k.p.c.: A decision on costs not adjudicated by the first instance court is treated as an appealable order, not a cassation subject, and cannot be rejected for missing the cassation deadline.