Practitioners seeking additional security for costs in appeals must apply with expedition once notice of appeal is given, and delay may result in the application being dismissed as too late.
Later decisions that cite McLaughlin v Daily Telegraph Newspaper Co Ltd (No 1)
McLaughlin Plaintiff, Appellant (No. 1); and Daily Telegraph Newspaper Co. Ltd. Defendants. Respondents.
McLaughlin Plaintiff, Appellant (No. 1); and Vale of Clwydd Coal Mining Co. Ltd. Defendants. Respondents.
H C of A
14 March 1904
Griffith, C.J.
Lingen, for the Daily Telegraph Company, Limited,
Sheppard, for the Vale of Clwydd Coal Mining Company,
Ralston and Watt, for the plaintiff in both cases,
Lingen.
Griffith, C.J.
Every application of this kind should be made with expedition. The defendants had notice of the plaintiff's intention to appeal on Feb. 4th, and must have known that he would not give more than the minimum amount of security, £50, unless compelled, but they have waited until now to make their applications. Sec. 8 of the High Court Procedure Act 1903, was framed to meet such cases as this. Under that a summons could have been taken out on 5th Feb., and dealt with almost immediately by a Justice sitting at Hobart or Melbourne. There would have been no difficulty in sending instructions to either place, as the point involved is not at all difficult. There is no more hardship in compelling the applicants to do this than there is in making country solicitors send instructions to their city agents to make an application in Chambers. As the defendants had an opportunity of making these applications in good time, and chose not to do so, I shall follow the practice as to such matters followed in appeals in England. I hold that the applications are too late. Both applications are therefore dismissed with costs, but no costs of affidavits will be allowed on either side. As in my opinion this matter was a simple one, the fees of one counsel only will be allowed.
Attorney for Vale of Clwydd Coal Mining Co., Mark Mitchell.
Attorney for Daily Telegraph Newspaper Co., Laurence and Laurence.
Attorney for J. McLaughlin, W. Morgan.