Cummins v Gillespie

• Jurisdiction: Ireland
• Judgment Date: 01 January 1940
• Date: 01 January 1940
• Court: Circuit Court

(Cir. Ct.),

Cummins

and

Gillespie

Taxation - Circuit Court Rules, Order XL, r. 28 - County Officers and Courts Act (Ir.), 1877, ss. 31, 32, 37.

An application arising out of an administration suit the subject-matter of which was property valued less than £500 was made to the Court. The Court valuer returned the property at £125 with a nett valuation of £3 15s., but in a subsequent sale it realised £565. Both the parties to the suit made application to the Court to be declared entitled to High Court costs less one third under Order XL, r. 28, as the estate exceeded £500. Held, that the costs of the parties should be taxed in accordance with the...