Ramsay v Simpson (No. 2)

• Jurisdiction: Ireland
• Judgment Date: 04 February 1899
• Date: 04 February 1899
• Court: Court of Appeal (Ireland)

RAMSAY

and

SIMPSON (No. 2)

Appeal.

Practice — Costs — Administration action — Manager appointed by the Court — Unsuccessful action brought by the manager with the sanction of the Court — Insolvent estate — Priority — Solicitor — Realization of assets.

Barker v. St. QuintinENR 12 M. & W. 441.

Batten v. Wedgwood Coal and Iron Co.ELR 28 Ch. D. at p. 324.

Cormick v. RonayneUNK 22 L. R. Ir. 140.

Dowse v. GortonELR [1891] A. C. 190.

In Home Investment SocietyELR 14 Ch. D. 167.

Morison v. Morison 7 DeG. M. & G. 225.

Re London Drapery StoresELR [1898] 2 Ch. 684.

Re Owen; Frisby, Dyke & Co. v. OwenUNK 66 L. T. (N. S.) 719.

194 THE IRISH REPORTS. [1899. Appeal. RAMSAY v. SIMPSON (No. 2) (1). Feb. 4. Practice—Costs—Administration action—Manager appointed by the Court—Unsuccessful action brought by the manager with the sanction of the Court —Insolvent estate—Priority—Solicitor—Realization of assets. A manager appointed by the Court in an administration suit, obtained leave to proceed with an action commenced at common law by the executors to recover a balance of £668 claimed to be due in respect of a contract with the testator. The defendants in that action filed a counter-claim, and in the result a larger amount was found due on the counter-claim than for the plaintiff in the original action, and judgment was entered for the defendants for the difference, with costs. The fund in Court, which represented the available assets of the testator, was insufficient to pay the costs in the common law action of the defenÂdants in said action, and those of the manager. It appeared that no sum out of the assets would be payable to the manager personally in respect of a conÂsiderable balance certified to be due to him, and that the costs in question were due and payable to his solicitor. Held (reversing the decision of the Vice-Chancellor), that the manager's solicitor was entitled to be paid his costs in the common law action, in priority to the costs of the defendants therein, out of the fund in Court. THIS action was commenced in the Vice-Chancellor's Court by the plaintiff as a legatee to administer the assets of Robert Simpson, who died on the 14th June, 1879. The testator by his will directed his executors to carry on his business as a builder and contractor after his death. On the 15th November, 1893, an order was made for the administration of the testator's real and personal estate, an& on the 24th June, 1894, James Simpson was appointed manager. On the 9th November, 1896, the manager applied to the Court for, and obtained, an order for leave to proceed with an action which had been instituted in July, 1894, to recover the sum of £668, being the balance claimed in respect of certain gas works executed for the Trim Commissioners. The defendants filed a counter-claim, with the result that there was a verdict for the (1) Before FITZ GIBBON, WALBER, and HOLMES, L.JJ . Vor.. I.] CHANCERY DIVISION. 195 plaintiff for £200, but the defendants recovered £410 on the APPea.• counter-claim, and accordingly a verdict and judgment was entered 1899. RAMSAY for the defendants for £210 with costs. The Queen's Bench Division on a...