But in the end that jurisdictional question does not have to be decided
in this case, and we reserve our opinion on it. If the jurisdiction does
go so far, it must be discretionary, as the grant of declarations always
is. The Court would have to be satisfied that grounds so strong as to
require it to act in that unusual way had been made out. In our opinion
they would be made out clearly enough as regards paragraph 377, which
stands out from the general body of the report. But the quashing of the
costs order because of its association with that paragraph is enough to
do justice there.

The position is less clear as regards the other paragraphs complained
of. For various reasons they are all in a marginal category. What has
been said in this judgment may help to enable them to be seen in
perspective. On balance we would not be prepared to hold that as to
these other paragraphs the applicants have made out a sufficiently
strong case to justify this Court in interfering, assuming that there is
jurisdiction to do so.

In the result, the application for review having succeeded on the main
issue, we see no need to and are not prepared to go further in granting
relief. Our decision is simply that the $150,000 costs order be quashed
on the grounds already stated.

As to the costs of the present proceedings, they should be reserved, as
there has been no argument on the matter.


_Solicitors_