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Decisions of the Superior Courts of New South Wales, 1788-1899

Loane v. Loane [1834] NSWSupC 105

warrant of attorney, strict enforcement of registration

Supreme Court of New South Wales

In banco, 11 October 1834

Source: Sydney Herald, 16 October 1834

Loane v. Loane. - Mr. Keith moved for leave to record a warrant of attorney which had been given in this case, in November 1833, for £110.  The law required that warrants of attorney should be recorded within one week after their execution, otherwise judgment could not be entered up, nor execution issued upon them.  Mr. Loane had left the instrument with him, but had been told that £1 7s. 6d. would be required as a fee of the record; Mr. Loane, the plaintiff, had not attended with the fee, and the time ran over.  Mr. Keith then detailed some other grounds, upon which the Court would be justified in granting the record.  The application was opposed by Mr. Kerr.  The Court observed that it was an established and wholesome maxim of law and morals - that no man could take advantage of his own wrong; upon this principle, there was no just grounds could be possibly urged in support of the application, which was refused; plaintiff being left to pursue his action in the ordinary way.

Published by the Division of Law, Macquarie University