Patrick Lowe & Sons and Others v. Commercial Bank of Ceylon Ltd. – sllr 2001 volume 1 page 280

In the case between Patrick Lowe & Sons and Others (plaintiffs) and Commercial Bank of Ceylon Ltd (defendant), the court examined whether an auctioneer may recover fees and commissions exceeding statutory limits specified under sections 256, 258, and 259 of the Civil Procedure Code. The dispute arose after execution of a decree secured by mortgage was stayed based on settlement, leading to contestation over the amount recoverable by the auctioneer for a sale that did not eventuate. It was held that only actual expenditures incurred can be recovered by the auctioneer, and not an additional commission based on property value. This principle reaffirmed strict adherence to statutory limitations on auctioneers’ charges when sale of property is stayed, relying upon the terms of the Civil Procedu