Healy and Others v Spillane and Another (No. 2)

• Jurisdiction: Ireland
• Judgment Date: 17 June 1915
• Date: 17 June 1915
• Court: King's Bench Division (Ireland)

Healy and Others

and

Spillane and Another (No. 2) (1).

K. B. Div.

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1915.

Practice — Taxation of Costs — Application to set aside — Case Stated on Hearing of Civil Bill Appeal — Costs taxed to over £10 — No Objection taken to Taxing Master's Certificate — Order LIX, Rule 38 — Order LXV, Rule 66 (1) (3).

The provision of Order LIX, Rule 38, that in cases stated by a judge of assize under the Civil Bill Courts Procedure Amendment Act (Ireland), 1864, the costs shall not exceed £10, is au absolute prohibition, and is not affected by the provisions of Order LXV, Rule 66 (1), (3), requiring a party dissatisfied with the allowance by the taxing master of items in a bill of costs to carry in before the taxing master an objection in writing within the time therein mentioned, and making his certificate final and conclusive as to all matters not so objected to.

Where, on the hearing of such a case stated, costs were awarded to the plaintiffs against the defendants, and the taxing master taxed the plaintiffs' costs to a sum exceeding £10, and signed his certificate for the amount, the Court, on the application of the defendants, although no objection had been taken by them before the taxing master, declared that the plaintiffs were to have £10 for their costs, and no more.

In taxing costs in such a case the certificate of the taxing master ought, in addition to showing that he has taxed the costs referred to him to a certain amount, show on the face of it that, having regard to Order LIX, Rule 38, he can certify for merely £10 costs and no more.

Motion on behalf of the defendants to set aside the taxing master's certificate.

The present application was with reference to a special case stated by a judge of assize under the Civil Bill Courts Procedure Amendment Act (Ireland), 1864. The case had been decided by the King's Bench Division in favour of the plaintiffs, who had been awarded costs against defendants (see ante, p. 195). A summons to tax was taken out by the plaintiffs, and the bill came on before the taxing master on the 27th April, 1915. He struck out some items and altered others, the amount finally allowed being over £10. No objection as to the principle of taxation adopted was made by the defendants at the time of taxation, and no objection in writing of any kind was carried...