LAW REPORTS.

Dominion, Volume 2, Issue 330, 17 October 1908, Page 9

LAW REPORTS.

COURT OF APPEAL.

YESTERDAY'S PROCEEDINGS. QUESTION AS TO COSTS. When the sittings of tho Court of Appeal were resumed yesterday morning, Mr. Justice Williams (as president) and. Justices Denniston, Edwards, Cooper, and Chapman being present, tho hearing of argument with reference to a question of costs in an action relating to ono of tho disputes - between Miss Mcinertzhagen and Mrs. Donnelly and others with regard to certain Waimarama lands was concluded. Mr. Morison appeared on behalf, of Miss Meinertzliagen, and Mr. Bell, K.C. (with him Mr. Ostler), for Mrs. Donnelly and others. This was an appeal by Miss Meinertzliagen against a refusal to give her costs on a writ of certiorari brought by Mrs. Donnelly and others to quash a report of tho -Native Land Commission. The judgment of the Court, which was delivered by Mr. Justice Williams, ■ was as follows: —The case in tho Court below was partly heard. A suggestion was made from the Bench that some agreement might be come to by the parties.' An agreement was arrived at tho effect of which was that the plaintiffs, Mrs. Donnelly and others received a benefit, and in consideration or the .benefit they consented .to a dismissal 01 tho actioii. Nothing was said in the agreement about costs. In considering whether costs should or should not be allowed, tlje Court was justified in looking at the whole of tho circumstances. It did not think defendant in tho present case had shown sufficient reason for reversing the judgment .of tho Court below oil-the question of costs. The appeal would be .dismissed with costs on the lowest scale. . ■ . Mr. Bell: I take it that this judgment should not be taken as a precedent for the proposition that there is an appeal as or right to the Court of Appeal on questions of costs. . Mr. Justice Williams: The proper course would.be for the Court to say that-it had hot considered'the question of jurisdiction, ' and,* therefore, . would express no opinion on the subject.