QUESTION OF COSTS

Evening Post, Volume CXIII, Issue 29, 4 February 1927, Page 3

QUESTION OF COSTS

JUDGMENT OF CHIEF JUSTICE

A reserved judgment bearing on what was described as a new point, was delivered in Chamber by his Honour th« Chief Justice, Sir Charles Skerrett, today.

The parties were D. M. Bell, tiler, of Brooklyn, plaintiff, and Charles W. Mack, plumber, of Wellington, defendant. Th« case was one involving an action to recover £1100 damages, which it was alleged had been sustained by the plaintiff owing to the defendant's alleged negligence in a motor-car collision on the Hutt road.

It was stated that the plaintiff had issued a writ some time ago, and on the advice of his then solicitor had discontinued. The action was, however, recommenced, but the defendant, Mack, applied for a stay of proceedings until the costs awarded on the discontinuance action had been paid. In his judgment, his Honour held that under rule 241 of the Code, he was compelled to make an order staying further proceedings until the costs of the prioraction had been paid, and that even if the plaintiff ,were to proceed in forma pauperis it would not get over the difficulty. As the point was a new one, h« would not order costs against the plaintiff.

Mr. A. Dunri appeared for Bell, and Mr. P. S. K. Macassey for Mack.