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the matter will be the result of this application for leave to appeal be known, I presume that the costs will be paid, when the decision is known, and a sum for interest will be paid also.
One ground for refusing to pay costs was that the Chief Justice in a subsequent case of R v Souza decided that the Crown should not pay costs.
The question whether it was intended this in R v Tamlin was to be final upon the question of costs.
The Chief Justice referred to the case.
I doubt the expediency of their step, and the result has been unsatisfactory as regards the costs incurred.
We have not been able to transmit them, and the Chief Justice is alleged to have misstated facts.
I do not think that aught need to be done upon these papers, but refer to the despatch of 17 Jan, in which we stated that proceedings in way of appeal would be taken.
I am informed that no further steps will be taken. Perhaps I may add that Granville entertains little doubt that upon the receipt of that Despatch the claim to costs has been satisfied.
It rests with Molony and is important that Sir Smale should be the Chief Justice in the administration.
See subsequent papers.
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