CLAUSE 207.—(Form of judgment on appeal.) (Hansard, 21 May 1935)

§ The SOLICITOR-GENERAL
I beg to move, in page 120, line 21, at the end, to insert: (2) Where the Federal Court upon any appeal makes any order as to the costs of the proceedings in the Federal Court, it shall, as soon as the amount of the costs to be paid is ascertained, transmit its order for the payment of that sum to the court from which the appeal was brought and that court shall give effect to the order. (3) The Federal Court may, subject to such terms or conditions as it may think fit to impose, order a stay of execution in any case under appeal to the Court, pending the hearing of the appeal, and execution shall be stayed accordingly. Clause207 deals with the form of judgment of an appeal, and provides that the Federal Court shall remit the case to the court from which the appeal was brought. In Clause 212 the Federal Court may, of course, make an order as to the costs of the proceedings in that court, and this new Sub-section provides that as soon as the amount of the costs to be paid is ascertained, the court transmits its order for the payment of that sum to the court from which the appeal is made, and that court must give effect to the order. It is really making an express provision so that the costs and the order as to costs are dealt with in the same way as the substantive judgment by being remitted to the court from which the appeal was brought.

§ Mr. ISAAC FOOT
This point, I under stand, was not raised in Committee, but it is anew provision found necessary.

§ The SOLICITOR-GENERAL
I do not think it was raised in Committee. An Amendment was made in Committee empowering the Federal Court to rule as to the costs incidental to any proceedings in the court. That may have drawn attention to the fact that it is desirable in this Clause to cover costs expressly. The other Sub-section is to carry out a suggestion made by my right hon. Friend as to a, stay of execution. It is not an unusual provision. You generally ask the court from which you are appealing for a stay of execution, and if they do not give it, it is not unusual to go to the court to which you are appealing and submit that it is a proper case for a stay.