Appeal Cost Deposit Availability Ruling

The appellate court dismissed the initial appellant's request for the premature return of a surplus cost deposit from the first instance proceedings, holding that under the relevant Cantonal Code of Court Fees, a party who has made a cost deposit is liable to the state with that deposit for all court costs, including those of the second instance, irrespective of which party is ultimately ordered to pay costs; consequently, the deposit must remain available to cover the costs of the appeal proceedings, especially since the appellant might still be found partially or wholly liable for those costs.