A by-election was held for the New South Wales Legislative Assembly electorate of New England on 10 January 1887 because of the resignation of William Proctor.
[1] He had been found guilty by a jury of having sat and voted in parliament whilst he had an interest in a contract with the Government and the statutory penalty of £500 was imposed.
At the time of taking the assignment Proctor was a member of the Legislative Assembly, and Proudfoot sought to recover the penalty of £500 because Proctor, being a member of the Legislative Assembly, had entered into a contract with the Government for or on account of the public service, within the meaning of s. 28 of the Constitution of New South Wales.
[7][8] This by-election was at the emergence of political parties in New South Wales, where the division was on fiscal lines of free trade and protection.
The Full Court's view was that this was not a sufficient interest to disqualify Proctor from sitting and voting as a member.