Lyons v Smart (No 2) [1908] HCA 60; (1908) 6 CLR 285 (29 September 1908)

HIGH COURT OF AUSTRALIA

Lyons Defendant, Appellant, and Smart Informant. Respondent,

H C of A

29 September 1908

Griffith C.J., Barton, O'Connor, Isaacs and Higgins JJ.

Macfarlan, for the respondent.

Mitchell K.C. and Bevan, for the appellant,

Griffith C.J. delivered the judgment of the Court.

Griffith C.J.

Barton, O'Connor, Isaacs and Higgins JJ.

Sec. 148 of the Justices Act 1890 does not govern Order XLVI. r. 14, which is a general rule prescribing a scale upon which the officer is to tax the costs, and has nothing to say as to the maximum amount that can be allowed. The only order on this motion will be that the appellant's costs of the motion be added to the costs of the appeal. I am of opinion, and my brothers agree with me, that this is a case in which no affidavits were needed, and therefore no costs of affidavits will be allowed on either side.

Order accordingly.

Solicitor, for the respondent, Powers, Commonwealth Crown Solicitor.

Solicitor, for the appellant, A. E. Jones.