Whether the failure to serve the respondent's submission violated the appellant's right to be heard and prevented filing of a detailed cost note.
Yes. Because the appellant could rely on being able to react to the respondent's announced further submission, the non-service caused an irreparable procedural disadvantage.
The court held that, in good faith, counsel was not required to file the honorarium note before the expected reply; the omitted service deprived the appellant of the chance to submit the cost note before judgment.