Sections 12 and 13 of the Powers of Attorney Act 2003 (NSW) do not prohibit or render illegal acts done by an attorney beyond the scope of express authority; they merely restate the general law limitation on the prima facie effect of a power of attorney. Accordingly, a breach of those sections does not engage the public policy exception to issue estoppel. Issue estoppel arising from a default judgment for possession extends to all matters legally indispensable to the judgment — including the validity of the underlying mortgage and guarantee — regardless of deficiencies in the pleading upon which the judgment was entered.
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