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.
liable for costs in from
cases
where he differs
me.
"What I say is that he is whether
Registrar or Official Assignee
the control
8
the
under
Judge sitting,
constituting the bourt, and therefore he is bound to accept the decision of
the Judge
Judge and act according
to it as
binding on him. This is especially under 388 of the Bankruptcy Ordinance,
That decision may be entirely wrong
until duly reversed if
motion
differing from
he acts on a
the decision he
but
on
must be and is liable personally for the costs ensuing from his acting
opinion instead of the decision
his
own
of the Juday
his
own
I
wilful and wrongfulact
wao
378
388
I thought that the intended auction
• premature but I reserved the question as to who should pay the costs of hot Sibbons solicitors for acting in
acting in the preliminaries thereto, these have been taxed at $212.03 of which about if so
were
re for costs of advertisements, leaving about $1st for work they did I think
$130 I should have been justified in
that sum as
disallowing
having.
been improperly incurred; all the
work was
f
›
property the business work the Official Assignce in Bankrupt, of which the Official Assignee relieved himself by paying solicitors to do the work for him (see the copy taxed Bell herewith.
Beyond this there were conditions
C.
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