Hally v Dennis [1955] HCA 41

95 C.L.R.] OF AUSTRALIA.

[HIGH COURT OF AUSTRALIA.] |

HALLY . . 4 . A . . . APPLICANT;

DEFENDANT, AND

DENNIS : : . . . ' 5 . RESPONDENT.

PLAINTIFF,

ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.

High Court—Special leave to appeal—From order imposing costs on successful yO, or A.

defendant—Order based upon determination of question of fact and introducing a discretion—Costs Act of 1867 (Q.).

A client's summons against a solicitor for delivery of a bill of costs and delivery up of the client's documents on payment of the amount found due on taxation was dismissed by the Supreme Court but an order was made that the solicitor should pay the client's costs of the proceedings.

Held that prima facie such an order infringed the rule that a successful defendant or party in that position ought not to be ordered to pay the un- successful party's costs of the proceedings but that if the fact was, as alleged, that the solicitor succeeded in the proceedings only by abandoning at the hearing a claim to charge disbursements, that might be enough to take the case out of the rule. The Court refused special leave to appeal on the issue whether this was so.

Special leave from the decision of the Supreme Court of Queensland (Full Court) Re Hally; Ex parte Dennis (1955) Q.S.R. 451, refused.

Appication for special leave to appeal from the Supreme Court of Queensland.

This was an application by Thomas Joseph Hally, a solicitor, for

special leave to appeal from so much of the order of the Full Court of the Supreme Court of Queensland (1) as awarded to the plaintiff, Irene Mary Dennis her costs of the original proceedings before the primary judge though the decision of that judge in favour of the plaintiff was reversed by the Full Court.

The facts sufficiently appear in the judgment of the Court here-

under.

(1) (1955) Q.S.R. 451.