Lyons v Smart [1908] HCA 60

Section 148 of the Justices Act 1890 (Vict.) does not limit the costs awarded on an appeal to the High Court by way of order to review; the proper scale for taxation is found in the High Court Rules, without a statutory maximum. Costs for affidavits were disallowed as they were unnecessary.

Parties: Appellant: Lyons; Respondent: Smart
Jurisdiction: Australia
Judgment Date: 29 September 1908
Procedural Posture: Appeal by Way of Order to Review / Motion After Appellate Judgment
Outcome: Motion dismissed. Appellant's costs of the motion added to the appeal costs, but no costs of affidavits allowed.
Legal Topics: Costs, Appeals, Taxation of Costs

Civil Procedure Costs Appeals Taxation of Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 1 Amounts and remedies 1

Parties

Lyons

Appellant

Smart

Respondent

Procedural Posture

Appeal by Way of Order to Review / Motion After Appellate Judgment

Legal Issues

1 Does the limitation on costs under section 148 of the Justices Act 1890 (Vict.) apply to appeals to the High Court by way of order to review from a Court of Petty Sessions exercising federal jurisdiction?
2 Were costs related to affidavits allowable in the circumstances of this case?

Ratio Decidendi

Court Disposition

Motion dismissed. Appellant's costs of the motion added to the appeal costs, but no costs of affidavits allowed.

Orders

Appellant's costs of the motion to be added to costs of the appeal.
No costs of affidavits allowed on either side.