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Username: Dodrio3
I am representing myself
What Case are you Appealing?: [2026] FCR 12
Link to the Original Case: Lawsuit: Adjourned - IgnitedTnT v. RiggoSoft and LeafLuxury LLC [2026] FCR 12
Basis for Appeal: Section 7(2)(a) of the Redmont Civil Code Act says:
“Legal fees shall be awarded at a rate of 30% of the case value to the prevailing party."
The word "shall" means the Court is required to do this. The Court must award fees at this rate. It has no authority to lower the rate.
In this situation, the trial court lowered the award to 15%. They said the defence counsel"confounded and delayed these proceedings". Section 7 of the Redmont Civil Code Act does not give the Court authority to change the rate for any reason.
The only time legal fees can be modified under Section 7 is when the lawyers choose not to take the fees. They have to tell the Court at the start of the proceedings. This did not happen in this case.
Even if the Court was right to be concerned about the delay, there are other proper ways to deal with this problem. The Court could charge someone with contempt of court, for example.
It cannot just change a rule like this. The Redmont Civil Code Act and Section 7 are very clear about these fees.
Supporting Evidence: