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(5) Authority for the doctrine antecedent to the “Aegeon” could be found and
(6) The “Aegeon” had been cited “without disapproval” in a number of subsequent cases and n most leading textbooks .
The Court then went on specifically to consider the proportionality of the rule which had concerned the Judge so greatly. It noted that the question of proportionality had received no or only limited consideration in the authorities. However, the Court considered that it was precisely the draconian effect of the rule that gave the doctrine its deterrent effect and therefore its justification .
