Cox v Goldcrest Developments (NSW) Pty Ltd [2000] NSWSC 763

Cox v Goldcrest Developments (NSW) Pty Ltd [2000] NSWSC 763

The power of attorney, construed in light of its wording, the joint ownership of the property, and evidence of subsequent conduct showing Mrs Jeffery's continued satisfaction with Mrs Cox acting after Mr Jeffery's death, was intended to operate and did operate as a grant of authorisation by Mr and Mrs Jeffery jointly and severally. Therefore, Mr Jeffery's death did not terminate Mrs Cox's authority to act for Mrs Jeffery.

Jurisdiction
Australia
Judgment Date
27 July 2000
Procedural Posture
Summons in the Equity Division Concerning a Power of Attorney and Discharge of Mortgage / Application for Declaration
Outcome
Declaration made that the power of attorney continues in force notwithstanding the death of Peter Frederick Jeffery.
Legal Topics
['construction of Power of Attorney' 'joint and Several Authority' 'effect of Death of Donor on Power of Attorney' 'use of Subsequent Conduct in Construing Instruments' 'incommunicate Principal']
['contracts' 'equity' 'conveyancing' 'powers of Attorney'] ['construction of Power of Attorney' 'joint and Several Authority' 'effect of Death of Donor on Power of Attorney' 'use of Subsequent Conduct in Construing Instruments' 'incommunicate Principal']

Case Brief

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Procedural Posture

Summons in the Equity Division Concerning a Power of Attorney and Discharge of Mortgage / Application for Declaration

Legal Issues

  1. 1 ['Whether the power of attorney granted by Peter Frederick Jeffery and Jennifer Nora Jeffery to Glynis Megan Cox was joint only or joint and several.' "Whether the death of Peter Frederick Jeffery terminated Glynis Megan Cox's authority to act for Jennifer Nora Jeffery under the power of attorney." 'Whether subsequent conduct could be considered to determine whether the instrument operated jointly, severally or jointly and severally.' 'Whether Jennifer Nora Jeffery was "incommunicate" within the meaning of sections 163D and 163G of the Conveyancing Act 1919.']

Ratio Decidendi

The power of attorney, construed in light of its wording, the joint ownership of the property, and evidence of subsequent conduct showing Mrs Jeffery's continued satisfaction with Mrs Cox acting after Mr Jeffery's death, was intended to operate and did operate as a grant of authorisation by Mr and Mrs Jeffery jointly and severally. Therefore, Mr Jeffery's death did not terminate Mrs Cox's authority to act for Mrs Jeffery.

Court Disposition

Declaration made that the power of attorney continues in force notwithstanding the death of Peter Frederick Jeffery.

Orders

  • ['Leave granted to the applicants to amend the summons by adding Goldcrest Developments (NSW) Pty Limited as a defendant.' 'Declared that the power of attorney registered Book 4097 No 32 continues in force as a power of attorney from Jennifer Nora Jeffery to Glynis Megan Cox, notwithstanding the death of Peter...