Loxton v Moir
18 CLR 360(Judgment by: Gavan Duffy J)
Between: Loxton
And: Moir
Judges:
Griffith CJ
Isaacs J
Gavan Duffy JRich J
Subject References:
Trusts
Appointment of new trustee
Right of action on guarantee
Practice and procedure
Action brought by wrong plaintiff
Legislative References:
Trustee Act 1898 (NSW) (No 4) - the Act
Common Law Procedure Act 1899 (NSW) (No 21) - the Act
Judgment date: 6 August 1914
Judgment by:
Gavan Duffy J
I am disposed to think that the Supreme Court was right in its interpretation of s. 6 of the Trustee Act 1898, but I am not so strongly of that opinion as to formally dissent from the conclusion arrived at by the other members of the Court.