SUPREME COURT.

Auckland Star, Volume XXXI, Issue 65, 17 March 1900, Page 3

SUPREME COURT.

IN CHAMBERS

. At the Supreme Court yesterday the matter of the Coastal Steamship Company v. The McGregor Steamship Company came before His Honor Mr ,/uisticc Coaolly. Mr Theo. Cooper, on behalf, of The plaintiff, applied to have the judgment of the Admiralty Court herein entered. Mr McGregor, for the defendants, made an application that plaintiffs be ordered to pay cost of reference. It will be remembered that the s.s. Kapanui and s.s. Kose Casey collided at Mahurangi Heads last year, and when the matter was Inquired into by a G'onjrt of Nautical Inquiry, the captain of the Kose Casey, owned by the defendant, company, was held to be in the wrong. The matter was then referred to the Supreme Court in its admiralty jurisdiction for the assessment of damages. Defendants paid into Court the Slim of £60. The Court (Mr H. C. Brewer, president, and Messrs J. C. Mucky and J. 11. Harrison, assessors) awarded £210 11/. The plaintiffs claimed for £GSO.

Mr Cooper said his friend asked that the costs of the reference should be paid by the plaintiffs, because they had claimed £050, and only recovered some £200. Counsel contended that plaintiffs were entitled to costs, as they had substantially .succeeded, and according to the Admiralty Court rules costs in general followed the result. The other side had not been put to any extra expense by reason of plaintiff's claim being extravagant. Mr McGregor contended that His Honor should follow what he (counsel) argued was the rule of the High Court at Home, namely, that where a party only succeeded in getting judgment for a small portion of his claim, as in the present instance, that party should bear the whole or at least part of the cost of reference. It was a matter for His Honor's discretion. His Honor said he was of opinion that in the present case the plaintiff, having succeeded in recovering- a substantial amount, though very much less than he claimed, was entitled to the costs, not only of the action, but of the reference. Mr McGregor's motion was dismissed without costs. Judgment wa.s then entered Up for the amount awarded by the Admiralty Court, less £ CO paid in, and costs were allowed to be taxed by the Registrar. The assessors were allowed £3 3/ per day, and the president £4 4/ per day for six days.