Loxton v Moir

18 CLR 360

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(Judgment by: Gavan Duffy J)

Between: Loxton
And: Moir

Court:

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

Hearing date: SYDNEY 18 May 1914; 19 May 1914; 20 May 1914; 6 August 1914
Judgment date: 6 August 1914

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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.