Commissioner of Income Tax (Qld) v Bank of New South Wales [1914] HCA 28

18 OLR.) OF AUSTRALIA. 207

We think it is the broad principle of justice which should guide H. ©. or A. the Court in all cases arising under the rule, and that therefore won the proper order here should be to permit an extension of the time em for giving security, the parties being restored to their original Beas situation by the applicant paying the costs of this application, Karsowsxy.

Isaacs J.

Special leave to appeal granted, the plain- kien J

tiff's solicitor undertaking to pay costs of motion and of reference within fourteen days after taxation. Notice of appeal to be given within seven days and security to be lodged within four- teen days. Plaintifi to pay costs of the application.

Solicitor, for the plaintiff, Albert H. Jones. Solicitors, for the defendant, Lawrence & Lawrence.

B. L.

(HIGH COURT OF AUSTRALIA.)

THE COMMISSIONER OF INCOME TAX

APPELLANT ; (QUEENSLAND) \

AND

THE BANK OF NEW SOUTH WALES . Responpents.

Practice—Costs—Review of taxation — Counsel's fees—Case called on in one State H.C. ov A. and transferred by order of Court to another State for argument—Counsel 1914. holding other briefs at same sitting in the latter State. pass

Where a case has been called on in one State and transferred to another for Brisbanr, argument by order of the Court, and there argued by counsel originally April 30. briefed, the Registrar ought, on the taxation of the costs, to allow such sums

' peeks Griffith O.J. for counsel's fees as will be reasonable, taking into consideration the distance —_ travelled or the length of time counsel are compelled to be absent from their In

CHAMBERS.

own State.

Where such counsel are briefed in more than one case to be heard at the same sitting that fact should be taken into consideration,

208 HIGH COURT [9l4. H.C or A. AppricaTion by the respondents for the review of the taxation