
Withdrawal of appeal from provisional measure with consent (Rule 265 RoP, Rule 151(d) RoP).
The cost of the appeal incurred by Curio shall be borne by 10x , in an amount to be determined by the Court of First Instance (as requested by both parties):
10. The Court permits the withdrawal of the appeal, given 10x’s request and the consent from Curio.
11. R.265.2 RoP provides that if the withdrawal is permitted, the Court shall issue a cost decision in accordance with Part 1, Chapter 5 (Rules 150 – 157 RoP).
12. The parties in this case both request that the cost reimbursement is decided after a decision in the proceedings on the merits between them, pending before the Court of First Instance. The Court of Appeal agrees that the determination of the amount to be reimbursed can properly be done at that stage.
13. The Court of Appeal is of the opinion that in case of a withdrawal of an appeal, the appellant shall be considered to be the unsuccessful party who shall bear the costs (as referred to in R.151(d) RoP) incurred in relation to the appeal proceedings. Curio’s request (see par. 8 above) shall therefore be allowed.