Interesting Argument on an Appeal the First of its Kind in the Court's History In H. M. Supreme Court, on Monday, His Honour Judge Sir Skinner Turner and Mr. Peter Grain (Assistant Judge) heard an appeal order, made by the Assistant Judge in chambers last month. The der directed that the action between M. C. Tsar (suing on behalf of himself), C. L. A a Y. T. Yang,. Woo, C. K. Wah K. T. Soong, and Charles-worth P. Rakusen (defendant) should be stayed. Plaintiffs were further informed that they were at liberty to amend the writ and statement of claim as they might be advised, costs being granted to defendant. Plaintiffs sued for $4,000 for alleged breach of contract in purchasing the Empire Optical Ca., formerly the Thomson Optical Ca.
Mr. Tycho Wing appeared for appellants and Mr. M. Reader Harris for respondents.
Mr. Wing said that the appeal concerned a question of procedure. On June 20 a summons was taken out by defendant for an order that the original summons be set aside, on the grounds of rules of procedure. The following day the matter came before the Assistant Judge in chambers, costs being awarded to defendant. Thereafter, plaintiffs filed notice of appeal, setting out two reasons that the part of the order -dealin, with the written statement o claim should be removed Mr. Reader Harris said that there was no right of appeal from an interlocutory order made in chambers, quoting the various Orcers-in-Council and legal authorities in support of his contention.
Sir Skinner Turner recalled that most of the practice of the Supreme Court was modelled on that of the County Courts in England and not on that of the High Court. As far as he recollected, there was no chamber practice in the County Courts.
Mir. Wing submitted that the Assistant Judge, whom he came before in the matter, was exercise ing judicial functions identical with those of a Master of a Supreme Court at Home. He (counsel) was therefore entitled to appeal against an interlocutory order as of right.
Judge Grain admitted that there was an appeal from the decision of a Master, because his duties generally were those delegated by a Judge. Such applications, however, might be made before a Judge or the Master.
Further exchanges of opinion by both sides led to supposition that certain procedure in appeals here was based on the Home practice. In that case, Mr.
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