Question juridique clé
Whether the appeal against the cost decision was filed within the statutory time limit.
Solution extraite
The appeal was time-barred because the decision was deemed notified on 12 August 2016, so the 10-day deadline expired on 22 August 2016; even using actual receipt on 16 August 2016, the filing on 27 August 2016 was late.
Motifs extraits
Under Art. 138(3)(a) CPC, a registered decision not collected in time is deemed notified seven days after failed delivery when notification was expected. The postal stamp on the appeal controlled and proved dispatch on 27 August 2016; witness statements could not overcome it.