Tri Star Apparel Exports (Pvt) Ltd vs Edirimannage Gunapala – CA PHC 126/2012-2013

In Tri Star Apparel Exports (Pvt) Ltd v. Edirimannage Gunapala (Acting Commissioner of Labour, Department of Labour) and Hon. Attorney General, the court addressed the maintainability of an appeal following the appellant’s default in payment of brief fees as directed by the court. It was held that the appeal stood rejected for failure to comply with payment requirements stipulated in Rule 13(b) of the Rules on Preparation of Appeal Briefs (Court of Appeal – 1978). The principle reaffirmed is that procedural compliance, particularly regarding court-ordered fees, is mandatory for the continuation of an appeal. The decision underscores the importance of adherence to statutory rules governing appellate procedure, establishing that non-compliance will result in procedural dismissal.

A.W.A. Sal