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Decisions of the Superior Courts of New South Wales, 1788-1899

Allen v. Bartley (1832) NSW Sel Cas (Dowling) 863; [1832] NSWSupC 96

costs

Supreme Court of New South Wales

Dowling J., 2 March 1832

Source: Dowling, Notes for Select Cases, S.R.N.S.W. 2/3466, p. 141

On the assessment of damages in cases by default on attorney's bills. Dowling J. required some proof of the reasonableness of the charges when there had been no previous taxation.

Work and labour £37.1.1. I declined the copy of this bill. The defendant on 8th November 1831 said he would call and see me. I know the business done.

Mr Charles Moore. Looks over. It is a bill between attorney and client. Fees to retain 1 guinea to Therry, 2 guineas to counsel; 3 guineas and 5 guineas to fees to counsel. One other guinea, brief 61 sheets; no charge for witness £5. Looking at it as an ordinary case I think £5 should be taken off.

Verdict £31.8.7.

Published by the Division of Law, Macquarie University