O O P Y.
Hon. Col. Secy.
ENCLOSURE S
0.0
01765
Minute by the Attorney General.
136
I have seen the Solicitors for the Plaintiffs (the Crown Lessees) and they say their clients while anxious to proceed with the Petition they have filed for "Leave to Appeal" to the Privy Council, think they ought to be assisted in the matter of costs. They have already incurred the heavy costs of both Plaintiffs and Defendants in the action. These costs, I understand, they are willing to bear, but as the Defendants are merely Chinese fishermen the Plaintiffs even if successful both in obtaining leave to appeal and in the Appeal itself, will be unable to recover any costs from them.
2,
I recommend that, in the circumstances, seeing
that the Government granted the Lease the validity of which has been impugned (so far as the Defendants are concerned by the Court, and that the Plaintiffs, the Lessees, are put to great loss thereby, the Govern- ment should authorize the Crown Solicitor to see the Solicitors for the Plaintiffs and arrange on behalf of the Government as follows:-
(a). The Government will recoup the Plaintiffs' Solicitors the cost of the Petition for Leave to appeal and the hearing (and the costs incidental thereto) to an amount not exceeding $600 (such costs to be taxed).
(b).
If Leave to appeal is granted, the Government will guarantee the Security (not exceeding 2300 Sterling) which the Plain- tiffs as Appellants will have to give. This security is required to meet the costs of the Respondents if the Appeal fails.
(c). If Plaintiffs succeed on Appeal to the Privy Council,‹ and are unable to recover their costs from the Defendants, or if the Plaintiffs fail on Appeal, it would be fair that the Government should pay a certain sum towards, or if necessary all, the taxed costs of, the Plaintiffs. I would suggest arranging a maximum limit enough to recoup say halt Plaintiffs' costs leaving the Plaintiffs to bear any excess. This might be left to the Crown Solicitor to arrange after seeing the Plaintiffs' Solicitors and making the best terms he can and consulting me, if he desires.
3.
If Leave to appeal is refused, it may be de- sirable to consider whether the Privy Council itself should not be ask- ed to grant "special leave" seeing the important principles involved and the fact that the Court was divided, the decision against the Plain- tiffs having been arrived at by the casting vote of the Chief Justice alone.
(Sd.) F. M.. Goodman,
Attorney-General.
24th. July, 1990.
See also on the subject of the Judgments gene-
rally, my Minute of 13th. July, 1900, reviewing them and the position generally, herewith in this paper.
(84.) W.M.Goodman.
24.7.1900.