Cock and Howden (Trustee of Cock) v Smith

[1911] HCA 18

13 CLR 129

COCK (PLAINTIFF) AND HOWDEN (TRUSTEE

APPELLANTS;

OF COCK)

SMITH AND OTHERS

RESPONDENTS. DEFENDANTS, Practice-Appeal to Privy Council from High Court-Order of Privy Council

made an Order of High Court. An order of the Privy Council allowing an appeal from the High Court was made an order of the High Court.

13 CLR 130

APPLICATION IN CHAMBERS.

The Privy Council having allowed an appeal (Smith v. Cock 1 ) by the respondents, J. M. v. Smith, H. Emmerton and W. Aitken, from the judgment of the High Court in favour of the appellants, Cock and Howden (Cock v. Smith 2 ), an application was made on behalf of the respondents in the High Court to Griffith C.J., in Chambers, for an order that the order of the Privy Council should be made a rule of the High Court and for directions as to taxation of costs.

Pigott, for the respondents. Starke, for the appellants. [Reference was made to L. falsely called H. v. H. 3.]

GRIFFITH C.J. made an order directing only that the order in Council should be made an order of the High Court, pointing out that the costs would be taxed under the Order in Council, and not under his order.

Order of Privy Council made an order of

the High Court. Solicitors, for the respondents, Smith &Emmerton. Solicitor, for the appellants, J. W. Dixon.

112 C.L.R., 30. 29 C.L.R., 773. 3