liable for costs in cases from where he differs from me. "What I say is that he is, whether Registrar or Official Assignee under the control of the Judge sitting, constituting the Court, and therefore he is bound to accept the decision of the Judge and act according to it as binding on him. This is especially so under Section 388 of the Bankruptcy Ordinance.
That decision may be entirely wrong until duly reversed on motion differing from it, but he acts on a decision he must be and is liable personally for the costs ensuing from his acting on his own opinion instead of the decision of the Judge.
his own wilful and wrongful act was under Sections 378 and 388.
I thought that the intended auction was premature, but I reserved the question as to who should pay the costs of Messrs. Sibbons' solicitors for acting in the preliminaries thereto; these have been taxed at $212.03, of which about $80 were for costs of advertisements, leaving about $130 for work they did. I think I should have been justified in disallowing that sum as having been improperly incurred; all the work was done for the property, the business of the Official Assignee in Bankruptcy, of which the Official Assignee relieved himself by paying solicitors to do the work for him (see the copy of the taxed bill herewith).
Beyond this, there were conditions ...
C.