|
Automobile Centre (Auckland) Ltd V Facer
Automobile Centre (Auckland) Ltd v Facer 9742 NZLR 767 is an often cited case regarding illegal contracts under the Illegal Contracts Act 1970. It was one of the first cases decided since the law was passed. Background Automobile Centre sold Facer a car. The car did not have a Warrant of Fitness that lasted more than the 5 months that regulation 53 of the Transport Regulations 1956 legally requires, with a penalty upon conviction, of a fine. Facer subsequently used this breach of the law to not pay for the car, claiming the contract was illegal. and thus not legally enforceable. The car dealer ultimately sued Facer to obtain payment. Held The court ruled that the Regulations' purpose was road safety, and not consumer protection as Facer had argued. That being the case, the judge noted that the interests of road safety could be served by fines rather than go as far as making the purchases illegal, and ruled that Facer was liable to pay for the car. References {{reflist Fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of New Zealand
The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry. The High Court was established in 1841. It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980 to make way for the naming of an eventual new Supreme Court of New Zealand. The High Court is a court of first instance for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In its appellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals. Composition and locations The High Court comprises the Chief Justice (who is head of the judiciary) and up to 55 other Judges (whic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robin Cooke
Robin Brunskill Cooke, Baron Cooke of Thorndon (9 May 1926 – 30 August 2006) was a New Zealand judge and later a British Law Lord and member of the Judicial Committee of the Privy Council. He is widely considered one of New Zealand's most influential jurists, and is the only New Zealand judge to have sat in the House of Lords. He was a Non-Permanent Judge of the Court of Final Appeal of Hong Kong from 1997 to 2006. Early life and education The son of the Supreme Court judge, Justice Philip Brunskill Cooke and his wife, Valmai, Lord Cooke was born in Wellington and attended Wanganui Collegiate School. He graduated with an LL.M. from Victoria University College, and subsequently studied at Clare College, Cambridge as a Research Fellow. While on a travelling scholarship, Lord Cooke was awarded an MA in 1954 from Gonville and Caius College, Cambridge and subsequently a PhD in 1955. In 1952, he married Annette Miller, with whom he had three sons. One of their sons, Franci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Illegal Contract
An illegal agreement under the common law of contract, is one that the court will not enforce because the purpose of the agreement is to achieve an illegal end. The illegal end must result from performance of the contract itself. The classic example of such an agreement is a contract for murder. The illegality of a contract depends on (1) the law of the country governing the contract, and (2) the law of the place of performance. Different rules will apply depending on the law of the relevant country(ies). However, a contract that requires only legal performance on the part of each party, such as the sale of packs of cards to a known gambler, where gambling is illegal, will nonetheless be enforceable. A contract directly linked to the gambling act itself, such as paying off gambling debts (see proximate cause), however, will not meet the legal standards of enforceability. Therefore, an employment contract between a blackjack dealer and a speakeasy manager, is an example of a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Illegal Contracts Act 1970
The Illegal Contracts Act 970'' is a New Zealand law that manages how contracts are deemed illegal under either common law or under Statute. Under this law, all such contracts are deemed illegal, but it gives wide discretionary powers to grant relief, including granting orders such as ordering: * validation (declaring the contract to be either partially or fully enforceable) * variation of the contract * restitution * compensation (damages) Cases * Automobile Centre (Auckland) Ltd v Facer * Barsdell v Kerr * Catley v Herbert * Duncan v McDonald * Fenton v Scotty's Car Sales Ltd * H & R Block Ltd v Sanott * Harding v Coburn * Knyvett v Christchurch Casinos Ltd * Lower Hutt City Council v Martin * Mercurius Ventures Ltd v Waitakere City Council * National Westminster Finance NZ Ltd v South Pacific Rent-a-Car Ltd * NZI Bank Ltd v Euro-National Corp Ltd * Polymer Developments Group Ltd v Tilialo * Re AIC Merchant Finance Ltd (in rec) * Ross v Henderson Ross v Henderson 9772 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Warrant Of Fitness
A Warrant of Fitness (WoF) is an official New Zealand document certifying that a light motor vehicle has passed a compulsory periodic inspection of safety and roadworthiness. Most vehicles with a gross mass under that are used on public roads are required to undergo a WoF test, with the frequency depending on the age of the vehicle. Since 1 January 2014, vehicles first registered on or after 1 January 2000 must undergo a WoF test annually; older vehicles must undergo a WoF test every six months. From 1 July 2014, vehicles first registered on or after 1 January 2000 must undergo a WoF test at first registration, at three years, and then annually after that; older vehicles must undergo a WoF test every six months. Vehicles over , passenger service vehicles (taxis, buses, shuttles, etc.), and rental vehicles do not have a Warrant of Fitness. Instead, these vehicles must possess a Certificate of Fitness (CoF). The CoF test is similar to the WoF test, but must be undergone every ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fine (penalty)
A fine or mulct (the latter synonym typically used in civil law) is a penalty of money that a court of law or other authority decides has to be paid as punishment for a crime or other offense. The amount of a fine can be determined case by case, but it is often announced in advance. The most usual use of the term is for financial punishments for the commission of crimes, especially minor crimes, or as the settlement of a claim. One common example of a fine is money paid for violations of traffic laws. Currently in English common law, relatively small fines are used either in place of or alongside community service orders for low-level criminal offences. Larger fines are also given independently or alongside shorter prison sentences when the judge or magistrate considers a considerable amount of retribution is necessary, but there is unlikely to be significant danger to the public. For instance, fraud is often punished by very large fines since fraudsters are typically ban ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fenton V Scotty's Car Sales Ltd
Fenton v Scotty's Car Sales Ltd 968NZLR 929 is a cited case in New Zealand regarding the legality of illegal contracts that pre date the Illegal Contracts Act 1970. Background Fenton purchased a car from Scotty's Car Sales. The vehicle had no current warrant of fitness at the time of the sale, despite this being required under regulation 53 of the Traffic Regulations 1956. Fenton later tried to have the sale set aside due to this breach. Held The court ruled that the object of the Traffic regulations was road safety, and not consumer protection, and accordingly ruled the contract enforceable. Footnote: Just 3 years earlier in Berrett v Smith 965 Year 965 ( CMLXV) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Arab–Byzantine War: Emperor Nikephoros II conquers the fortress cities of Tar ...NZLR 460, ruled that a similar warrant of fitness case, the court declared was ille ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of New Zealand Cases
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * "High" (David Hallyday song), 1988 * "Hig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1974 In Case Law
Major events in 1974 include the aftermath of the 1973 oil crisis and the resignation of President of the United States, United States President Richard Nixon following the Watergate scandal. In the Middle East, the aftermath of the 1973 Yom Kippur War determined politics; following List of Prime Ministers of Israel, Israeli Prime Minister Golda Meir's resignation in response to high Israeli casualties, she was succeeded by Yitzhak Rabin. In Europe, the Turkish invasion of Cyprus, invasion and occupation of northern Cyprus by Turkey, Turkish troops initiated the Cyprus dispute, the Carnation Revolution took place in Portugal, and Chancellor of Germany, Chancellor of West Germany Willy Brandt resigned following an Guillaume affair, espionage scandal surrounding his secretary Günter Guillaume. In sports, the year was primarily dominated by the 1974 FIFA World Cup, FIFA World Cup in West Germany, in which the Germany national football team, German national team won the championshi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1974 In New Zealand Law
Major events in 1974 include the aftermath of the 1973 oil crisis and the resignation of President of the United States, United States President Richard Nixon following the Watergate scandal. In the Middle East, the aftermath of the 1973 Yom Kippur War determined politics; following List of Prime Ministers of Israel, Israeli Prime Minister Golda Meir's resignation in response to high Israeli casualties, she was succeeded by Yitzhak Rabin. In Europe, the Turkish invasion of Cyprus, invasion and occupation of northern Cyprus by Turkey, Turkish troops initiated the Cyprus dispute, the Carnation Revolution took place in Portugal, and Chancellor of Germany, Chancellor of West Germany Willy Brandt resigned following an Guillaume affair, espionage scandal surrounding his secretary Günter Guillaume. In sports, the year was primarily dominated by the 1974 FIFA World Cup, FIFA World Cup in West Germany, in which the Germany national football team, German national team won the championshi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
