Langman v Handover [1929] HCA 42

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334 HIGH COURT

(HIGH COURT OF AUSTRALIA.]

LANGMAN 0:0: 3.) Segoe eee PLAINTIFF, AND DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or A, Money-lender—Advances by unregistered money-lender—Securities therefor—V

1929. transactions—Suit by borrower in New South Wales Supreme Court in —_ Pleading—Statement of claim—Demurrer thereto—Claim that securities Sypyey, declared void—AUlegations of fact—Claim for declaration of legal right—Bquitabh Nov. 13, 14: relief—No offer to repay advances—Consequential relief—Money-lenders

wipes Infants Loans Act 1905 (N.S.W.) (No. 24 of 1905), secs, 2, 8—Equity Act

Rnox C1 (N.S.W.) (No. 24 of 1901), sec. 10*—Administration of Justice Act ackeand 2 (N.S.W.) (Wo. 42 of 1924), sec. 18*. Dixon JJ.

South Wales in its equitable jurisdiction alleged only that the defer while an unregistered money-lender within the meaning of the Money-

lender made certain advances to the plaintiff and obtained from her as for the repayment thereof certain stock mortgages and a lien on certain 'The plaintiff claimed declarations (1) that these transactions were of money-lending by a money-lender and (2) that the securities given by: plaintiff were void ; and the plaintiff also prayed that she might have sud further or other relief as the nature of the case might require. The demurred to the statement of claim. The Supreme Court (Long

*The Equity Act 1901 (N.S.W.) ground that a merely declaratory provides by sec. 10, as amended by is sought thereby, and the the Administration of Justice Act 1924 make binding declarations of 1 (N.S.W.), sec. 18, as follows: "No — whether any consequential suit shall be open to objection on the could be claimed or not."