High Court of Australia
5 C.LR.J OF AUSTRALIA. 695
Under such circumstances it would be very dangerous for this H. C. or A.
Court to reverse the finding of two Courts on a pure question of 198. fact. PAKKER v.
Barton J. I am of the same opinion. I think that it is PARKER. totally unnecessary to add anything to the conclusive reasons
given by Cohen J. in the Court below.
O'Connor J. Iam of the same opinion, and have nothing to add,
Bradburn, for the appellant, asked for costs,
Grirrira C.J. I have never heard of an order for costs against a successful respondent. I doubt very much whether we have power to make such an order,
Appeal dismissed,
Proctor for the appellant, S, Bloomfield. us C. A.W,
vhmeral (Old)
(HIGH COURT OF AUSTRALIA.)
THE COUNCIL OF THE CITY OF BRISBANE APPELLANTS; DerenDants, AND
HIS MAJESTY'S ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND (ar cel
. /ESPONDENT. RELATION OF James THomas Istes, 4 RaTe- £ Oe a PAYER OF THE City OF BRISBANE), 1908. PLaintirr, atl Metnourye,
ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.
Local Authorities Act 1908 (Qd.) (1902, No. 19), secs. 191, 192, 209, 210, 261-265— Grimitn 0.3., o Local Authority whose area is divided into Divisions—Expenditure on works in onto.
'one Division—Accounts—Declaration and Injunction, HigeineJ3.
H.C. or A.
1908, a
BrisBa. Crry Co v ATTORNEY- GENERAL FOR QUEENSLAND.
HIGH COURT (1908.
Sec. 265 of the Local Authorities Act 1902 (Qd.), which requires a separate and distinct account to be kept of all moneys received in respect of General Rates levied upon the rateable land in each of the several Divisions of the area of a Local Authority and of any moneys received by way of endowment in respect of such rates, does not cut down the absolute discretion of the Local Authority as to expenditure from the Local Fund given in express
terms by sec. 192, So held by the Court, Isaacs J. dissenting.
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