Tuite, Reilly v Cullen

• Jurisdiction: Ireland
• Judge: Ross, J.
• Judgment Date: 13 November 1913
• Court: Chancery Division (Ireland)
• Date: 13 November 1913

Tuite

and

Cullen.

Reilly

and

Same.

Ross, J.

CASES

DETERMINED BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1914.

County Court — Costs — Equity Civil Bill — Suit relating to lands — “Subject-matter” — County Court Rules — Costs in Equity suits — Higher scale.

In an equity civil bill to enforce payment of a mortgage by sale of the lands subject thereto, the plaintiff is entitled, unless the Judge orders to the contrary, to have his costs taxed on the higher scale if the value of the lands exceeds £200, although the mortgage debt is under £200.

Appeal from an order made by the County Court Judge of Cavan.

Two equity civil bills were brought by the plaintiffs Tuite and Reilly to raise the amount of two judgment mortgages charged on the defendant's farm of land at Clonkeefy, county Cavan. By order of the County Court Judge, dated 4th October, 1912, the suits were consolidated, and both mortgages were declared well charged on the said lands. The plaintiffs were declared entitled to their costs in the same priority as their respective demands, and the costs were ordered to be taxed by the Clerk of the Crown and Peace, or by the Registrar, and the defendant was ordered to pay to the plaintiffs the amounts due to them for principal, interest, and costs, within three months of the date of said order, and in default of his doing so the lands were directed to be sold.

In the suit in which Tuite was plaintiff the claim was for £72 19s. for principal, and £6 10s. 3d. for interest, together with £3 18s. 1d. for costs of registering the judgment as a mortgage, making altogether the sum of £83 7s. 4d.

In the suit in which Reilly was plaintiff the claim was for £118 3s. 4d. for principal, and £9 14s. l0d. for interest, with £3 18s. 1d. for costs of registering the judgment as a mortgage, making altogether the sum of £131 16s. 3d.

The annual value of the lands did not exceed £30.

Shortly after the expiration of the period of three months, but before the plaintiffs' costs were taxed, the defendant's farm was sold out of Court for the sum of £610. The costs came on for taxation before the registrar. On the taxation the plaintiff's solicitor contended that, the lands having been sold for £610, the costs should be taxed on the higher scale. Defendant's solicitor contended they should be taxed on the lower scale, being the scale applicable where the subject-matter of the...