Dent v Moore [1919] HCA 11

Dent v Moore [1919] HCA 11

Where a party's claim depends on a written agreement required to be stamped, and the agreement is unstamped, the party is precluded by the Stamp Duties Act from proving the agreement, whether by production, secondary evidence, or admissions. The statutory bar applies to any attempt, direct or indirect, to make such an instrument available or effectual, including through admissions or collateral documents reciting the agreement.

Parties
Plaintiff/respondent: Brian Ludlow Moore; Defendant/appellant: John Irwin Dent
Jurisdiction
Australia
Judgment Date
30 April 1919
Procedural Posture
Civil (appeal) / On Appeal From Supreme Court of New South Wales
Outcome
Appeal allowed. Verdict entered for the defendant.
Legal Topics
Admissibility of Unstamped Instrument, Proof of Contract Reduced to Writing, Commission for Sale of Land
Evidence Stamp Duties Contracts Admissibility of Unstamped Instrument Proof of Contract Reduced to Writing Commission for Sale of Land

Case Brief

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Parties

Brian Ludlow Moore

Plaintiff/respondent

John Irwin Dent

Defendant/appellant

Procedural Posture

Civil (appeal) / On Appeal From Supreme Court of New South Wales

Legal Issues

  1. 1 Whether an unstamped agreement for sale can be proved by admission or collateral documents to claim commission
  2. 2 Whether secondary evidence or admissions can circumvent the requirements of the Stamp Duties Act 1898 (NSW), sec. 15

Ratio Decidendi

Where a party's claim depends on a written agreement required to be stamped, and the agreement is unstamped, the party is precluded by the Stamp Duties Act from proving the agreement, whether by production, secondary evidence, or admissions. The statutory bar applies to any attempt, direct or indirect, to make such an instrument available or effectual, including through admissions or collateral documents reciting the agreement.

Court Disposition

Appeal allowed. Verdict entered for the defendant.

Orders

  • Order appealed from discharged with costs.
  • Verdict entered for the defendant.