Chanter v Blackwood (No 3) [1904] HCA 18

Chanter v Blackwood (No 3) [1904] HCA 18

The attendance of the petitioner as a witness was reasonably necessary, and the taxing officer was justified in allowing his expenses although no subpoena was issued. Full counsel's fees may also be allowed if fair and reasonable notwithstanding costs were granted only in part.

Source-derived case information.

Parties
Petitioner: Chanter; Respondent: Blackwood
Jurisdiction
Australia
Judgment Date
16 August 1904
Procedural Posture
Election Petition / Summons to Review Taxation
Outcome
Summons dismissed with costs.
Legal Topics
Taxation of Costs, Expenses of Party Attending Trial, Costs of Counsel's Brief
Election Law Costs Taxation of Costs Expenses of Party Attending Trial Costs of Counsel's Brief

Source-derived case record

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Parties

Chanter

Petitioner

Blackwood

Respondent

Procedural Posture

Election Petition / Summons to Review Taxation

Legal Issues

  1. 1 Whether expenses of a party attending trial may be allowed on taxation when the party was not subpoenaed nor examined as a witness
  2. 2 Whether a full fee to petitioner's counsel can be allowed when petitioner succeeds only on part of the case

Ratio Decidendi

The attendance of the petitioner as a witness was reasonably necessary, and the taxing officer was justified in allowing his expenses although no subpoena was issued. Full counsel's fees may also be allowed if fair and reasonable notwithstanding costs were granted only in part.

Court Disposition

Summons dismissed with costs.

Orders

  • Summons to review taxation dismissed with costs.