Western Australian Bank v Royal Insurance Company [1908] HCA 71

7C.LR.] OF AUSTRALIA. bd

used in Acts of Parliament: when they do so, they make, but do not construe, the laws."

So in this case we have only to concern ourselves with what Parliament has said, and when that is fairly and faithfully con- strued it leaves no course possible except to give effect to the unmistakable meaning of the later Act.

Solicitor, for the appellant, C. L. Tange.

Solicitor, for the respondent, The Crown Solicitor for New South Wales,

C. A.W. (HIGH COURT OF AUSTRALIA.] THE WESTERN AUSTRALIAN BANK ._— ApPELLANTS; AND THE ROYAL INSURANCE COMPANY .__ Responpents.

Practice—Costs—Review of Taxation—Costs of sending solicitors' managing clerk Srom State where appeal set down to another State to which hearing transferred by order of Court.

Where the hearing of an appeal other than on a question of abstract law has been transferred, by order of the Court acting on its own initiative and not at the request of parties, to a State other than that of origin, the successful party to whom costs were given, may in a proper case be allowed the costs and expenses of sending the managing clerk of their solicitors in the State of origin to instruct counsel at the hearing of the appeal. 'The matter is primarily one for the exercise of the taxing officer's discretion, but this discretion will be freely reviewed by the Court employing its own knowledge of the special circumstances of the case.

Principles suggested for the guidance of the Taxing Officer in arriving at the amount of costs to be allowed. VOL. VIL. 25,

H. C. or A. 1908. —

Bennetr v. Minister

H.C. or A. 1908.

Perrn, Nov. 3, 10.

Griffith C.J.

Ix Ciramnrrs.

H. U. oF A. 1908, cael

WEsTERN AUSTRALIAN Bank

v,

Roya Iy- SURANCE Co.

° HIGH COURT (1908.

Summons for review of taxation.

The hearing of the appeal in this case was transferred from Perth to Melbourne, not at the request of parties but by the direction of the Court, owing to the discovery being made that a member of the Court as constituted in Perth had at one time advised in the matter.