SUPREME COURT.

Lyttelton Times, Volume CVII, Issue 12819, 26 May 1902, Page 9

SUPREME COURT.

• $• IN CHAMBERS.' A Friday, -May - 23. /(Before his Honor Air Justice Denniston.) Mr Fisher moved for a review of costs the cose New Zealand Flour Millers’ Association (for which he appeared) v. the Timtru Milling Company. Action was .brought in the Supreme Court originally, hut it was afterwards agreed that a case should ho stated for the Court of Appeal, which gave judgment in favour of the Milling Company, with .costs, £9O, .on the highest scale, as on a case from a distance. ■ The plaintiff gave notice of intention to appeal tQ the Privy Council, hut abandoned the idea, and the Registrar of the Court of Appeal fixed the costs. The defendant /brought in his costs for the examination, claiming the same costs in the Supreme ■ Court as he would have been entitled to if "the Judgment had been given in that Court. .The Registrar disallowed all costs other than the £9O certified for by the Court of Appeal. Counsel applied for an order io ■ review, and relied on Section 14 of the. Court.of Appeal, Act, and the practice Whfch had obtained hitherto 1 . Counsel said the Judges of the Coitft of Appeal took no account of the proceedings in the Supreme •Court, and left them to be dealt with by 'the Supremo Court through the Registrar. Mr Kippenherger, for the Milling Company, argued that the question of costs - should be dealt with by the Court of Appeal. His Honor said that he would postpone decision, arid in the meantime would ascertain What was the usual practice in

the matter. In Hall v. Hall arid Brewer, » divorce ease, Mr Russell applied for an order for costs against Brewer, the co-respondent. ■Mr-Kippenherger opposed the application. The Order was granted. Probate was granted in the estates of A. * ’)s. Shadbolt (Mr Beswick) and Jane M’llwroith (Mr Hill). ■ A motion to appoint executors in re A. JX M. Allan, deceased (Mr Beswick) was ‘.granted. .