Langman v Handover [1929] HCA 42

Langman v Handover [1929] HCA 42

A claim seeking a declaration that money-lending transactions and security documents are void for illegality does not disclose a title to equitable relief unless the plaintiff offers to do equity by repaying the money borrowed; absent such an offer, there is no equitable ground upon which the remedy may be granted.

Parties
Plaintiff: Violet Ellen Ruth Langman; Defendant: William Handover
Jurisdiction
Australia
Procedural Posture
Civil (money Lending, Declaratory Relief) / Appeal From the Full Court of the Supreme Court of New South Wales to the High Court of Australia
Outcome
appeal dismissed
Legal Topics
Declaratory Relief, Illegality of Security Documents, Requirement to Offer to Do Equity, Money Lenders Registration, Demurrer Procedures
Equity Money Lending Law Contracts Declaratory Relief Illegality of Security Documents Requirement to Offer to Do Equity Money Lenders Registration Demurrer Procedures

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Parties

Violet Ellen Ruth Langman

Plaintiff

William Handover

Defendant

Procedural Posture

Civil (money Lending, Declaratory Relief) / Appeal From the Full Court of the Supreme Court of New South Wales to the High Court of Australia

Legal Issues

  1. 1 Whether a plaintiff can obtain equitable relief or a declaration that money-lending transactions and securities are void when the money-lender was unregistered, without offering to repay the sum borrowed
  2. 2 Whether the Equity Act 1901 (N.S.W.), as amended, permits declaratory relief absent a claim for equitable relief or title in equity

Ratio Decidendi

A claim seeking a declaration that money-lending transactions and security documents are void for illegality does not disclose a title to equitable relief unless the plaintiff offers to do equity by repaying the money borrowed; absent such an offer, there is no equitable ground upon which the remedy may be granted.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs