High Court of Australia
8 C.L.R.) OF AUSTRALIA. 289
ous question. That question being answered in the negative, H- C. oF A.
he dismissal was clearly erroneous. =
O'FLanerty
Questions answered: (a) Yes; (b) No; (¢) ycpuape.
No. Case remitted to Special Magistrate
to do what is right consistently with this order. Respondent to pay costs of appeal.
Solicitor for the appellant, Gordon H. Castle, Crown Solicitor for e Commonwealth, by Fisher, Ward, Powers & Jeffries.
- Solicitors for the respondent, Varley, Evan & Thomson.
B. L.
(HIGH COURT OF AUSTRALIA.)
BORE COURTNEY KING. . . . ... APPELLANT; : ResPoNnDENT,
AND
THE COMMERCIAL BANK OF AUSTRALIA ) 2 ee... |. fi RSPONDENT. PrririoNnEr,
, ractice—High Court—Appeal from Supreme Court of State—Security for costs— 44 © op A. Reduction of security—Grounds for reduction—High Court Procedure Act 1903-1999,
1915 (No. 7 of 1903—No. 5 of 1915), secs. 35, 36.
In exercising the discretion given by sec. 36 of the High Court Procedure Act MELBOURNE,
to the High Court to reduce the amount of security for the costs of an appeal 0% 18. 20- from the Supreme Court of a State, the Court may take into consideration the ich J. 'nature of the case, that is, whether it affects the status of the appellant or Ix Cnawssns, affects him pecuniarily, the fact that there has been unsuccessful and pro- tracted litigation between the appellant and the respondent, and that the appellant, if impecunious, may sue in formd pauperis.
VOL. XXVIII. 19
etic
H.C. or A.
1920. Sw
Kine v.
ComMMERCIAL
Bank or
AUSTRALIA
Lro.
Oct. 20,
_ £10,000 for damages for breaches of contract by the respondent,
HIGH COURT (1920.
Therefore, where the appellant was impecunious, and, in the opinion of the Court, was indulging in the luxury of an appeal to that Court and was dragging the respondent from one Court to another while, after lengthy and costly litigation, engaged in an appeal to the Full Court of the Supreme Court against the same respondent in respect of a matter arising out of the same transaction,
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