People searching for the cost of an appeal usually want a single figure. There is none, because most of the cost depends on the size of the record and the lawyers involved. What can be stated is where the money goes and which parts are fixed.
Court fees
The following Rules of the National Court shall apply as if they were, with necessary modifications, Rules of the Supreme Court with regard to … (e) Fees: Order 2 Division 6.
Filing fees for a notice of appeal, an application for leave, a notice of motion, an affidavit or an application are therefore the National Court Registry fees, payable at the counter when the document is filed, and set by the schedule to the National Court Rules as amended from time to time. They are in the tens or low hundreds of kina, not thousands. The Registry can waive or defer fees in cases of hardship through the National Court’s fee-waiver practice, and prisoner appeals filed on the Second Schedule form through the correctional institution attract no fee. The one fee fixed by the Supreme Court Rules themselves is the K750 filing fee for an election petition review leave application under Order 5 Rule 12, which comes with the K5,000 security deposit under Rule 13. See the election petition review deposit.
Where the money goes
| Item | Who pays initially | Recoverable from the loser? |
|---|---|---|
| Filing fees for the notice of appeal or leave application, appearance, applications, affidavits | The party filing | Yes, as a disbursement on taxation |
| Transcript of the National Court hearing | Appellant, at the rate the Registrar determines | Yes, if reasonably required |
| Appeal book: copying, binding, the number of copies the Rules require | Appellant, under O 7 Divisions 11 to 15 | Yes, at the Fourth Schedule copying rate |
| Lawyer’s fees for drafting, the book, submissions, appearances | The client, on the terms agreed | Only on the Fourth Schedule party and party scale, which is usually well below what the lawyer charges |
| Counsel’s fee on brief, overseas counsel | The client | Only if certified under O 12 Division 29 |
| Security for costs, if ordered under s 18 of the Act | Appellant, into court | Returned if the appeal succeeds; applied to the respondent’s costs if it fails |
| The other side’s taxed costs if the appeal fails | The losing party | Not applicable |
The appeal book
The appellant prepares, copies and files the appeal book, and in a case with a long trial the transcript and exhibits can run to hundreds of pages multiplied by the copies for three Judges, the respondent and the file. Order 11 Rule 10 lets the Registrar, after consulting the Chief Justice, waive requirements about the preparation of documents and appeal books that would cause unnecessary hardship, expense or delay, which is the mechanism for reducing the book where the parties agree that only part of the transcript is needed. See who pays for the appeal book and getting a transcript.
Lawyers’ fees and what you get back
Order 12 Rule 10 provides that a lawyer is entitled to charge and be allowed the fees in the Fourth Schedule and no higher, on a party and party taxation. The winner therefore recovers scale costs, not the actual bill. The gap between the two is the real cost of winning. Indemnity or solicitor and client costs are ordered only for misconduct in the litigation. See the scale of costs, how costs are taxed and indemnity costs.
The cost of losing
Costs follow the event. An unsuccessful appellant pays the respondent’s taxed costs of the appeal, and usually the costs below stand as ordered by the National Court. A respondent who wants protection against an appellant who may not be able to pay applies for security for costs under section 18 of the Act, which a Judge orders in special circumstances such as an appellant resident outside Papua New Guinea or a company with no assets. See security for costs on appeal and who pays the costs of an appeal.
Criminal appeals
(1) On the hearing and determination of an appeal, no costs shall be allowed to either side. (2) The expenses of any witness attending on the order of the Supreme Court, of the appearance of an appellant in custody, and of examinations and references ordered by the Court, shall be paid out of the Consolidated Revenue Fund to an amount allowed by the Court.
A convicted person appealing therefore risks no costs order, and Order 12 Rule 1 excludes criminal matters from the costs Order altogether. The Public Solicitor represents appellants who cannot afford a lawyer, and section 32 requires the Registrar to supply forms free to prisoners. See how a prisoner appeals without a lawyer.
Sources
- Supreme Court Rules 2012 — O 2 r 1; O 5 rr 12–13; O 7 Divisions 11–15; O 11 r 10; O 12 rr 1, 10, Division 29, Fourth Schedule
- Supreme Court Act (Chapter 37) — ss 18, 31, 32
- National Court Rules 1983 — O 2 Division 6 and fee schedule
Before relying on anything here, read the current text of the Supreme Court Rules 2012 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.