Loxton v Moir

18 CLR 360

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Between: Loxton
And: Moir

Court:

Judges: Griffith CJ
Isaacs J
Gavan Duffy J
Rich 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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Appeal allowed. Judgment appealed from discharged. Judgment for the defendant upon the demurrer to the declaration. Respondent to pay the costs of the appeal.