COSTS QUESTION.

Auckland Star, Volume LXVIII, Issue 248, 19 October 1937, Page 9

COSTS QUESTION.

RADLEY DIVORCE.

DECISION OF HIS HONOR. AIXOWID TO NEITHER. "The just and proper exercise of discretion in thie case, in my view, is to refuse to grant costs either to the Solicitor-General or to the petitioner," fcaid Mr. Justice Callan in a reserve judg-, ment given in the Supreme Court yesterday afternoon, in deciding the matter of costs in the Radley divorce case. ' The petitioner was Geoffrey Squire Radley, fruit and produce merchant, of Chrietch-urch (Mr. Mackay). who last year obtained a decree nisi from his wife, Dorothy Whaley Radley. Before this decree was made absolute, the Solicitor-General (Mr. Meredith) intervened to prevent it on the grounds that material fact« had been withheld from the Court. The intervention failed, his Honor deciding that the petitioner had the right to have his decree made absolute. Each party at a hearing last week contended that costs ought to lie granted againet the others. "I see no reason in justice," hie Honor said, "which would warrant an order for costs in favour of the Solicitor-General and against the petitioner: and there are reasons which, in my view, make it unjust to award cost* to the petitioner against the Solicitor-General." He made an order refusing to grant costs to either party.