A QUESTION OF COSTS.

Otago Daily Times, Issue 20964, 1 March 1930, Page 9

A QUESTION OF COSTS.

ECHO OF SAVOY CASE. DECISION AGAINST THE POLICE. Legal argument on the question of costs arising out of an appeal by the police against the decision of the magistrate in dismissing an information against Philip Barling for selling liquor without a license was recently heard by his Honor, Mr Justice Kennedy, who upheld the decision of the magistrate, and in dismissing the appeal intimated that he would allow costs against the police. His Honor’s judgment stated:— “The appellant is a police officer who commenced a prosecution and unsuccessfully appealed against the dismissal of the information. The appeal was ou point of law, but the point of law, on , which counsel for the appellant addressed me, did not arise on the facts as found by the magistrate. lat first proposed, in such circumstances, to allow costs against the appellant, but, as'the questions of costs had not been argued, and as it was suggested on behalf of the respondent that to allow costs in such circumstances was to depart from an invariable rule of practice not to allow ,costs against the police, I reserved the question of costs until I had heard counsel.” His Honor cited a number of cases, and said that in all the cases cited in the judgment of C. J. Stout the police were unsuccessful respondents. No case was cited which pointedly referred to the question of costs where a police officer, who -had laid an information in pursuance of his duty, had unsuccessfully appealed against its dismissal, but his Honor’s attention was directed-by counsel for. the respondent to a case where a full court allowed costs' to a respondent in circumstances, similar to those in this case. His Honor said the practice applied, in his opinion, where the police officer was an unsuccessful respondent, but not where he was an unsuccessful appellant. It would be oppressive in such a case, if the person charged received no allowance for his costs on the appeal when the point of law taken against him. on appeal could not arise on the facts found. Thefindi- , vidual concerned in this case should not, on such an attempt by the police to determine the law, have to forego the costs usually awarded against unsuccessful appellants. He was not, he thought, acting contrary to auy rule of practice in awarding costs as against a police officer so unsuccessfully appealing. The appellant would pay the respondent eight guineas costs.

. At the hearing Mr F. B. Adams appeared for the police, and Mr J. S. Sinclair for the respondent.