Re Gedye
| Jurisdiction | England & Wales |
| Judgment Date | 12 February 1852 |
| Date | 12 February 1852 |
| Court | High Court of Chancery |
English Reports Citation: 51 E.R. 535
ROLLS COURT
S. C. 21 L. J. Ch. 430.
[254] Re gedye. Feb. 9, 12, 1852. [S. C. 21 L. J. Ch. 430.] The rule upon applications for ex parte orders is the same as that upon ex parte applications for injunctions, and in both cases the suppression of a material fact is fatal to the order. A judgment at law which is not final does not preclude an order of course for taxation. An order of course for taxation discharged, on the ground of the suppression of the fact that there had been a previous order of the Queen's Bench for taxation, upon 536 RE GEDYE IB BBAV. MS. terms which had not been complied with, and a subsequent application to the Exchequer for taxation, which had been refused. Mr. Gedye, a solicitor, was employed in Parliamentary and other professional matters for the Governors of the Poor of the parish of St. Mary. He delivered his bill for Parliamentary business, which was taxed by the proper officer of the House of Commons at £1185, 8s. 4d. After this, on the 19th of November 1851, he delivered five other bills for general business. His clients, having resolved to tax the bills, took out the usual summons in the Court of Queen's Bench; and Mr. Justice Coleridge, upon the 18th of December 1851, ordered, that on payment to Mr. Gedye, without prejudice, of £500 within a fortnight, all the bills should be taxed, with liberty to the Master to adopt the taxation of the officer of the House of Commons as to that bill. The clients marie default in payment of the £500; and, abandoning the proceeding in the Queen's Bench, [255] they, on the 9th of January 1852, took out a summons in the Court of Exchequer to tax the general bills. This was dismissed by Mr. Baron Platt on the ground of the previous order of the Queen's Bench. On the 13th of January 1852 Mr. Gedye commenced an action of debt in the Court of Common Pleas for the recovery of his bill, and a summons for particulars of demand, which was taken out by his clients, was, on the 19th of January, dismissed with costs by Mr. Justice Talfourd. On the 24th of January the clients applied to the Secretary of the Rolls, and obtained an ex parte order for the taxation of Mr. Gedye's bills; but they omitted to state on their petition the proceedings already had in the Common Law Courts. On the 24th of January Mr. Gedye obtained judgment by default, for want of plea in his action, and on the same day, but afterwards, the order to tax was served on him. Mr...
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Edmonton Northlands v. Edmonton Oilers Hockey Corp., (1993) 147 A.R. 113 (QB)
...of their application.' To emphasize the strictness with which this rule is applied, I cite from Re Gedye (1852), 15 Beav. 254 at p. 257, 51 E.R. 535: 'All matters must be stated. If there is suppression the court will not enquire if it would have been entitled to make the same order but onl......
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Director of Civil Forfeiture (B.C.) v. Angel Acres Recreation and Festival Property Ltd. et al., 2009 BCSC 322
...they do not, they cannot keep any benefits of their application. And reference there is made to Re: Gedye (1852), 51 Beav. 254 at p. 257, 51 E.R. 535 for the proposition: All matters must be stated. If there is suppression the court will not inquire if it would have been entitled to make th......
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Re Holland
...cited Sayer v. flagstaff' (5 Beav. 415) ; In re Cume (9 Beav. 602); In re Harper (10 Beav. 284); In re Hintim (15 Beav. 192); In re Gulye (15 Beav. 254). Mr. Shebbeare, contrd,, contended that there had been no payment of the bill, In re Bignold (9 Beav. 269), and that it was unnecessary to......
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Hightime Investments Property Ltd. v. Bromley, [2008] B.C.T.C. Uned. 971 (SC)
...of their application." To emphasize the strictness with which this rule is applied, see also Re Gedye , (1852), 15 Beav. 254 at p. 257, 51 E.R. 535. [157] Donald J.A. described counsel's obligation as that of an officer of the court to disclose any facts which might have influence on the co......