Bell v Carter; Ex parte Bell

The applicants, Bell and another, sought a review of a decision made by a magistrate to dismiss their application for costs against the respondent, Carter, in the County Court of Victoria. The applicants had previously entered into a deed of settlement with Carter, which precluded any application for costs. Despite this, Carter applied for costs below the deed to be paid by the applicants. The applicants argued that the magistrate was without jurisdiction to dismiss their costs application, and that the magistrate was misled into ordering an adjournment of the question of costs or the amount thereof. The applicants sought a writ of prohibition and a writ of mandamus to compel the magistrate to hear their costs application.

The court was required to determine whether the magistrate had jurisdiction to dismiss the applicants' costs application and whether the magistrate was misled into adjourning the question of costs. The applicants argued that the magistrate was without jurisdiction to dismiss their costs application as the deed of settlement precluded any such application. The applicants further argued that the magistrate was misled into adjourning the question of costs because the respondent had charged the applicants with misleading the magistrate into ordering the adjournment.

The court held that the magistrate was without jurisdiction to dismiss the applicants' costs application as the deed of settlement precluded any such application. The court further held that the magistrate was misled into adjourning the question of costs because the respondent had charged the applicants with misleading the magistrate into ordering the adjournment. The court granted the applicants a writ of prohibition and a writ of mandamus to compel the magistrate to hear their costs application.

The court made an order that the respondent's application for costs be dismissed and that the applicants' costs application be heard by the magistrate. The court also made an order that the applicants be paid their costs of the application.