VAIL v. BLAIR

13 VLR 704·HIGINBOTHAM, C.J., HOLROYD, and KERFERD, JJ.
13 VLR 704
13 VLR 704
VAIL v. BLAIR Supreme Court of Victoria (Full Court) HIGINBOTHAM, C.J., HOLROYD, and KERFERD, JJ. 13 October 1887 Appeal — To Privy Council — Orders in Council — Matters at issue, question of costs only — Vendor and purchaser — Whether unpaid vendor of land is in the position of mortgagee as to costs, in a suit by purchaser for accounts .

Where the question of costs, amounting to 500l., depends upon a principle of law or matter of right, and is not merely in the discretion of the judge, an appeal will lie from a decision thereon to the Privy Council; e.g., where the "matter at issue" is whether a vendor of land is, in respect of costs of an action by the purchaser to obtain accounts as to payments on account of purchase-money—in the position of mortgagee, so as to be entitled to them as of right.

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