After a protracted hearing of the suggestion detailed in my memorandum I directed the whole question as to who should pay the costs incident to the sale to be reserved, except that I disallowed a fee to Mr. Hogg for settling conditions of sale. That fee had not been paid; it had not been incurred, it was not recoverable in Law, and it is never allowed except as recouping money paid by them.
I neither allowed nor disallowed the Solicitors' costs incurred by Mr. Gibbons' solicitor (not including those for the conditions of sale which the Solicitor waived). The Solicitors' costs for work done amounted to over $130; the whole of which work properly fell on the Official Assignee. It has usually heretofore been done by him and I suppose Mr. Gibbons does not allege that he is incompetent to the work.
In disallowing a fee to Mr. Hogg - Barrister I am sure that I rightly decided considering who Mr. Hogg is - a junior Barrister at this Bar, and his antecedents. I feel that it is my duty to protect the money of the creditors from being improperly expended as I have fully explained in the memorandum.
Mr. Gibbons boasts that the Judges in England have always treated his ...
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