Le Mesurier V. The Attorney-General

Present : Mr. Justice Wendt and Mr. Justice Middleton.

LE MESURIER v. THE ATTORNEY-GENERAL.
 
D. C, Kandy, 12,998.

[THE DEHIGAMA CASE.]

    Costs, taxation of-Crown Counsel appearing for the Crown-Fees not actually paid-Expenses of Crown Counsel-Proctor, recognition of appearance of-Objection- to taxation of costs-Expenses of witnesses not called-Materiality-Taxing officer-Civil Procedure Code, ss. 27 and 208.

    Where the Attorney-General employs Crown Counsel to appear on behalf of the Crown and disburses nothing, and incurs, no debt by way of fees, he is not entitled to charge the opposite party such fees as he might reasonably have had to pay for the services of a private advocate had he chosen to engage one, but the Crown is entitled to recover travelling expenses and batta payable to such Crown Counsel.

    A successful party is entitled to recover from the opposite party not only the expenses of witnesses who' have been actually called at the hearing, but also the expenses of all material witnesses whom it was necessary to bring. Whether such witnesses were material or not must be decided by the taxing officer.

 

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