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Decisions of the Superior Courts of New South Wales, 1788-1899 |
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Published by the Division of Law Macquarie University |
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[replevin - costs, legal - waiver] Solomon v. Hammond Supreme Court of New South Wales Dowling J., 19 July 1830 Source: Dowling, Select Cases, Archives Office of New South Wales, 2/3466
[p. 2] [Where in replevin against a landlord a verdict was found for deft. and the Atty taxed single instead of double costs, by mistake, the Master was directed to review his taxation and allow double costs, notwithstanding a demand of single costs only.] 19 July 1830 Coram Dowling J At Chambers Solomon v Hammond This was an action of replevin and a verdict was found for the Defendant the Defendant got his Costs taxed, and the Attorney for Defendant, served the Allocatur[1] upon the opposing Attorney. He afterwards discovered that he was entitled to double costs and made a fresh demand on the Plaintiffs Attorney which was refused. Keith took out a summons for the Master to review his taxation and have double costs allowed. S Stephen opposed the application Contending that the opposite attorney must be considered as waiving the double costs, by demanding single costs only but [p.3]Dowling J was of opinion that as the Attorney had demanded single costs in ignorance of his right to double costs this did not amount to a waiver. A waiver must have as the foundation of it, knowledge of the party of what he was waiving. The Master to review his Taxation.
Notes [1] It is allowed. A certificate of taxation of costs issued by the taxing master. |
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