Reid v Cumming [1916] HCA 42; (1916) 22 CLR 147 (27 July 1916)

HIGH COURT OF AUSTRALIA

Reid Appellant; and Cumming and Another Respondents.

H C of A

On appeal from the Supreme Court of Queensland.

27 July 1916

Griffith C.J., Barton, Isaacs and Gavan Duffy JJ.

Woolcock (with him A. D. Graham), for the appellant.

Stumm K.C. (with him Henchman), for the respondents.

Woolcock.

Stumm K.C. and Henchman were not called on in reply.

Griffith C.J.,

Barton, Isaacs and Gavan Duffy JJ.

Per Curiam. The appeal must be struck out. The Union Trustee Co. have no interest in the matter. The right to recover, the costs awarded by the Police Magistrate was a personal right against the defendant and terminated with his death.

Appeal struck out. Appellant to pay costs of the Union Trustee Co. of Australia Ltd. of and occasioned by order for leave to proceed.

Solicitor for the appellant, J. S. Hutcheon, Acting Crown Solicitor for Queensland.

Solicitor for the respondents, T. O. Cowlishaw.