Reid v Cumming

This matter concerned an appeal to the High Court from a decision of the Supreme Court of Queensland. The original complaint was brought by Daniel Murray Reid, an inspector under the Shearers and Sugar Workers Accommodation Acts 1905-1906 (Qd.), against John Cumming. A police magistrate had ordered Cumming to comply with certain accommodation requirements and to pay costs. The Supreme Court of Queensland subsequently made absolute an order nisi for prohibition, quashing part of the costs order and ordering the complainant, Reid, to pay costs of the prohibition proceedings.

The legal issues before the High Court arose after Reid obtained special leave to appeal the Supreme Court's decision. The primary issue was whether the appeal could proceed after the death of the original defendant, John Cumming, and the joinder of his administrator. The court was required to determine if the administrator had an interest in the appeal and if the appeal itself, concerning the costs awarded by the police magistrate, survived Cumming's death.

The High Court determined that the appeal should be struck out. The Court reasoned that the right to recover the costs awarded by the police magistrate was a personal right against the deceased defendant, John Cumming, and therefore terminated upon his death. The administrator of Cumming's estate had no interest in the matter, as the costs awarded were not a debt that passed to the estate. Consequently, the appeal was dismissed.