Jones v Impala Finance Co Pty Ltd

Jones (the appellant) appealed to the High Court of Australia against a decision of the Supreme Court of New South Wales, which had dismissed his appeal from a judgment of the District Court. The dispute concerned a loan agreement between Jones and Impala Finance Co Pty Ltd (the respondent), where Jones alleged that the loan agreement was void for illegality.

The High Court was required to determine whether the loan agreement was rendered void by reason of the respondent's contravention of section 31(1) of the *Legal Practitioners Act 1963* (NSW). This section prohibited a solicitor from acting in relation to the sale or purchase of property unless the solicitor had obtained a written direction from the client authorising the solicitor to act. The appellant contended that the respondent, a finance company, had acted as a solicitor in relation to the loan transaction without the requisite written direction, thereby rendering the agreement illegal and void.

The Court held that the respondent, Impala Finance Co Pty Ltd, was not a solicitor and therefore section 31(1) of the *Legal Practitioners Act 1963* (NSW) did not apply to its conduct. The legislation was concerned with the conduct of legal practitioners, and the respondent, being a finance company, did not fall within the definition of a solicitor. Consequently, the loan agreement was not rendered void for illegality on the grounds alleged by the appellant. The appeal was dismissed.