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

Wilkinson v Lamb (1832) NSW Sel Cas (Dowling) 666; [1832] NSWSupC 14

trial by jury - civil procedure - taxing of costs

Supreme Court of New South Wales

Hearing, March 1832[1 ]

Source: Dowling, Select Cases, Archives Office of N.S.W., 2/3466

[p. 154] [Where the Judge certified next day after the trial of a cause, that it was fit to be tried by a special Jury:  Held that his Certificate was too late, by the Jury act so as to entitle the Plaintiff to the costs.]

 

Wilkinson v Lamb

 

This cause was tried by a a [sic] Special Jury, and the Judge certified that it was a fit cause to be tried by a Special Jury, but not until the next day after the trial.  The master notwithstanding in his taxation of costs allowed the expense of the special Jury.

Keith now moved to have the taxation reviewed contending that by the Jury act the Judge must certify under his hand immediately after the verdict and he cited Wagget v Shaw 3. Camp 316. where Lord Ellenborough held that the Judge cannot certify for the costs of a Special Jury on the day after the trial.

Norton contra insisted that [p. 155] the Jury act was not to be construed so very strictly.

Per Curiam.  The objection is certainly stricti juris, and not very gracious, but if pressed we must decide in its favour.

Keith upon this suggestion withdrew the motion.

 

Notes

[1 ] From its position in the Select Cases, it is likely that this hearing took place in March 1832.

Published by the Division of Law, Macquarie University