Mr. Badeley applied for special leave to appeal tu the Privy Council which was opposed by Mr. Lipson Ward, who submitted that it would monstrous to rant such a as the application was on a point of law, viz, whether the ease should be tried according to the order of Sir Peter Grain, ik was upheld by the Appeal Ht. It could be vf no possible hardship to the plaintiff if the appeal as of purely academic interest, though admitted its importance in effecting. procedure of the court. He held that counsel giving advice to appeal from the order was not doin; his duty, ang asked, if leave 0 peal were ranted, that the costs Uke appel Sir Peter Grain—Mtr, we are with you that the public importance—in the!
The question is are we ifed in putting the respondent to enormous expense over this personally trivial point?
Mr asked that leave hould be granted first and corditions settled afterwards. In answering the request that the appellant should bear costs in any event, he submitted that it was not within the court's powers t>
Text read from the printed page and cleaned; old type leaves the occasional error.