De Feucheres v Dawes
| Jurisdiction | England & Wales |
| Judgment Date | 01 June 1843 |
| Date | 01 June 1843 |
| Court | High Court of Chancery |
English Reports Citation: 50 E.R. 733
ROLLS COURT
[46] de feucheres v. dawes. June 1, 1843. An order, obtained ex parte upon motion, discharged, on account of the suppression of material facts. Order of course for taxation discharged on the ground of the suppression of an alleged previous reference to arbitration, though the fact was disputed. In this case (reported, on other points, 5 Beav. 110, 144) Messrs. Pinniger & Co. had been employed by the Defendants as their solicitors, and the amount of their remuneration having come under discussion, an arrangement was come to between the parties that the amount should be left to the determination of Mr. Amory, a solicitor. Mr. Amory gave as his opinion that 7000 would be a fair remuneration to the solicitors for their services. There was, however, a contest between the Defendants and Messrs, Pinniger, whether, under the agreement between them, the opinion or award was final and binding on the Defendants. The Defendants afterwards applied ex parte, by motion, and obtained an order for 734 IN RE MOURILYAN 11 BEAV. 47. the taxation of Messrs. Pinniger & Co.'s bills of costs; but on the application, no mention was made of the reference to Mr. Amory. Mr. Pemberton, Mr. Kindersley, and Mr. Glasse, now moved to discharge the order for irregularity, contending that it had been obtained on a suppression of material facts. Mr. Tinney, Mr. Romilly, and Mr. Speed, contra, argued that there had really been no reference, and that all that had been done was, to submit the question of what ought to be paid to the Defendants' solicitors for [47] the mere opinion of Mr. Amory, and...
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