SUPREME COURT.

Star (Christchurch), Issue 4576, 22 February 1893, Page 2

SUPREME COURT.

! In Banco. THIS DAT. O&foie His Honor Mr Justice Denniston.) > A. J. lA WHENCE V. THH BYDSNHAM.: LICENSING COMMITTEE. Mr Stringer moved for a writ of certiarari ■■■ to quash and remove the resolution of the Sydenham Licensing .Committee, Hesaid the application was merely a formal one now resulting from the decision of the Gemrt of Appeal. In answer to hia Honor, Mr Caygill said? be had nothing to cay. Hie Honor wished to understand }hat Mr-. Caygill concurred, and that one case governed the other. Mr Caygill said he did not raise any abjection. The affidavits in this case were ■ practically similar to the others. . His Honor understood that after.thedecision in one case Mr Caygill did nob. oppose this one. Mr Caygill : " Jnst so, your Honor.'.' His Honor then granted the application, . . remarking that it was only<A,qaestion ofcosts.. .... .'. ' Mr Stringer asked for full costs, .vizs^ 20 ■ guineas and disbursements. His Honor did not thinfcihe could grant; fall costs. The defence had been the same - and he thought the defendants should get". ; the benefit of tne case not being tried.. ' Mr Caygill cited the casea o£ Bound and< ; others v. the Sydenham Borough Council;, in which full costs were not allowed -in. ' the second and subsequent cases where the decision in the one case governed all 'the •. rest. Then and disbursements, had: been allowed in the one case, and in the other cases the costs were two. guineas' each. Mr Stringer pointed out that they hadt issued a writ of mandtvius in this caee^ though he admitted that the- affidavits, were the- same in both. His Honor did not think he should' ad& to the costs of the defendants in this case. Sn Lawrence's case the- pnooeedings had gone no further, than was sufficieat to start tnem, and it was- under* stood that the decision in the one* case should govern the other. There had been no writ of mandamus, issued, therefore he shouifd allow £A 4a and disbursaiaents, inclining the present application..