Cock and Howden (Trustee of Cock) v Smith

The parties to this matter were the respondents, Smith, J. M. v. Smith, H. Emmerton and W. Aitken, who were the appellants before the Privy Council, and the appellants, Cock and Howden (Trustee of Cock), who were the respondents before the Privy Council. The dispute concerned the enforcement of an order of the Privy Council that had overturned a judgment of the High Court in favour of Cock and Howden. The application was made in the High Court, in Chambers, by the respondents seeking to have the Privy Council's order made a rule of the High Court and for directions regarding the taxation of costs.

The primary legal issue before Griffith C.J. was whether the order of the Privy Council, which had allowed an appeal from the High Court, should be made a rule or order of the High Court. A secondary issue related to the taxation of costs.

Griffith C.J. reasoned that the Privy Council's order, having been made on appeal from the High Court, was to be given effect by the High Court. His Honour made an order directing that the order of the Privy Council be made an order of the High Court. Regarding costs, Griffith C.J. clarified that the taxation of costs would be governed by the Order in Council itself, rather than by any directions given in his chambers.