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

R. v. Evans [1840] NSWSupC 23

civil procedure, crown case, crown, security for costs, costs, security for, by crown

Supreme Court of New South Wales

Dowling C.J., Willis and Stephen JJ., 6 June 1840

Source: Sydney Herald, 8 June 1840[1]

Regina v. Evans. - In this case the Attorney General rose to move the Court, that an order which had been made should be rescinded, and the case set down for hearing before a full court.  The part of the order complained of, was that which prevented him from having the case reheard before the full court, unless he, the Attorney General gave security for costs.  He contended, that it was the prerogative of any suitor in equity, to have his case heard before a full court, and he contended that in his public capacity, as representative of the crown, was entitled by right of his office, to have any case reheard.  It appeared, that in the petition for a rehearing, Messrs. Foster and Windeyer had signed it, but by some means or other, the name of the former had been struck out.  The court decided that Her Majesty could not be bound by the present rules of court, especially as they had not yet received the royal sanction, and therefore held that the case should be reheard before the full court, without the Attorney General giving security for costs.


[1]               See also Australian, 9 June 1840.

Published by the Division of Law, Macquarie University