RATEPAYERS’ ACTION.

Waikato Times, Volume 114, Issue 19117, 30 November 1933, Page 6

RATEPAYERS’ ACTION.

ABANDONMENT INTIMATED. QUESTION OF AGENCY COSTS. An intimation that the action had •been discontinued was given by Mr M. H. Hampson, of Rotorua, in the Supreme Court at Hamilton this morning, referring to the case mentioned last week In whioh Albert George Cottrell, auctioneer, of Rotorua, took action against the Rotorua Borough Council for alleged negligence. Last week Mr Hampson, for the Council, asked for a motion dismissing the action, but the Court set down the hearing for today. Mr 11. T. Gillies, instructed by Mr R. A. Potter, of Rotorua, for Cottrell, had stated that It was impossible for his principals to bring the case for trial at the present session. This morning Mr Hampson said the case had been discontinued and asked for on the motion and for agency costs. Mr Justice Herdman said he had never had an application for agency costs before. Counsel replied that agency costs were inevitable when counsel came from outside Hamilton. In former years agency costs were treated as disbursements. Mr Justice Stringer continued the practice, hut Mr Justice MacGregor laid it down that application had to be made before the presiding Judge for such costs to be included in the disbursements.

His Honour granted costs on the motion and disbursements, and such agency costs as the registrar would allow.