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Duncan V McDonald
Duncan v McDonald 9973 NZLR 669 is a cited case in New Zealand regarding the granting of relief under the Illegal Contracts Act 1970 for illegal contracts. Background The McDonalds entered into an illegal scheme with some Nigerians that in return of an investment of $285,000, they would receive $2,000,000. The McDonalds borrowed the money from an estate that Mr Duncan, a solicitor, was managing, and they used a property as security for the loan. Duncan was aware of the illegal nature of the transaction when he lent the money. Unsurprisingly, the McDonalds were a victim of a Nigerian scam, leaving the McDonalds unable to repay the mortgage on their property, and Duncan sought to enforce the mortgage. The McDonalds sought to have the mortgage set aside, as it was the result of financing of a crime, whilst Duncan sought validation. Decision The court ordered validation of the mortgage, but only to the extent of $75,000. Footnote: This case is similar to Polymer Developments G ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of New Zealand
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington. The Court and its work The President and nine other permanent appellate judges constitute the full-time working membership of the Court of Appeal. The court sits in panels of five judges and three judges, depending on the nature and wider significance of the particular case. A considerable number of three-judge cases are heard by Divisional Courts consisting of one permanent Court of Appeal judge and two High Court judges seconde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ivor Richardson
Sir Ivor Lloyd Morgan Richardson (24 May 1930 – 29 December 2014) was an eminent New Zealand and Commonwealth jurist and legal writer and a member of the Judicial Committee of the Privy Council. Education He was a student at Timaru Boys' High School, Timaru, New Zealand. He graduated from Canterbury University College (now the University of Canterbury), Christchurch, in 1949 with an LL.B. degree. He went on to study at the University of Michigan in the United States, from where he graduated with an LL.M. degree and an SJD degree. Career Richardson was a partner in the Invercargill firm of Macalister Brothers from 1957 to 1963. From 1963 to 1966, he was Crown Counsel in the Crown Law Office in Wellington. He then joined the Victoria University of Wellington. He was Professor of Law, between 1967 and 1973, during which period he served as Dean of the Law Faculty from 1968 to 1971. After a period back in public practice in Wellington he was appointed as a judge in the High ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Munro Gault
Sir Thomas Munro Gault (, 31 October 1938 – 19 May 2015) was a New Zealand jurist. He was a Justice of the Supreme Court of New Zealand and a member of the Privy Council of the United Kingdom as well as a non-permanent judge of the Court of Final Appeal in Hong Kong. He was also a justice of the Supreme Court of Fiji. Gault attended Wellington College and graduated with a Master of Laws degree from Victoria University of Wellington. After graduation, he was a member of the law firm A J Park & Son for 20 years. In 1981, he began practising as a barrister sole, and in 1984 he was appointed a Queen's Counsel. His first appointment to the bench was as a Judge of the High Court in 1987, followed three years later by being made a member of the Court of Appeal. He was appointed President of the Court of Appeal in May 2002. In the 2001 New Year Honours, Gault was appointed a Distinguished Companion of the New Zealand Order of Merit, for services to the judiciary. In the 2009 S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ted Thomas (judge)
Sir Edmund Walter Thomas (born 1934), widely known as Ted Thomas, is a New Zealand jurist. He is a retired judge of the Court of Appeal of New Zealand and a former acting judge of the Supreme Court of New Zealand. Biography Thomas was educated at Feilding Agricultural High School and Victoria University College graduating with a BA and LLB in 1956, and the higher doctorate LLD in 2009. He was admitted to the bar as a barrister and solicitor of the Supreme Court (later the High Court) of New Zealand. Following many years as a partner at New Zealand law firm Russell McVeagh, he became a barrister sole and was appointed a QC in 1981. In 1989 and 1990, he was President of the New Zealand Bar Association, and in 1990 he was appointed to the bench of the High Court of New Zealand. In 1995 he was elevated to the Court of Appeal. He retired from the appellate bench in 2001. As a judge some saw him as a proponent of judicial activism. He was also noted for his frequent dissent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kenneth Keith
Sir Kenneth James Keith (born 19 November 1937) is a New Zealand judge. He was elected to the International Court of Justice in November 2005, serving a nine-year term during the years 2006 through 2015. Keith was educated at the Auckland Grammar School and studied law at the University of Auckland, Victoria University of Wellington, and Harvard Law School. He was a faculty member of Victoria University from 1962 to 1964 and from 1966 to 1991. He served in the New Zealand Department of External Affairs during the early 1960s, and as a member of the United Nations Secretariat from 1968 to 1970. After this, he was Director of the New Zealand Institute of International Affairs and later became President of the New Zealand Law Commission. He was also a member of the Royal Commission on the Electoral System which was key in changing New Zealand's electoral system. In 1993 he was a member of the Working Party on the Reorganisation of the Income Tax Act 1976 which was instrumental i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peter Blanchard
Sir Peter Blanchard (born 2 August 1942) is a former judge of the Supreme Court of New Zealand. Biography Blanchard was born in the Auckland suburb of Epsom on 2 August 1942, the son of Cyril and Zora Blanchard. His father served as a flying officer with the Royal New Zealand Air Force during World War II, and died during air operations over Germany on 26 May 1943. In 1968, Blanchard received a Master of Laws degree from the University of Auckland Law School. He was then awarded a Fulbright Scholarship and a Frank Knox Memorial Fellowship from Harvard Law School where he received a master's degree in law. He specialized in commercial, insolvency and property law as a partner at the Auckland law firms of Grierson Jackson & Partners (1968–1983) and Simpson Grierson (1983 to 1992). In 1992, Blanchard was appointed as a judge of the High Court of New Zealand and in 1996, he was appointed as a judge of the Court of Appeal of New Zealand. In 1998 Blanchard was appointed as a New ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Polymer Developments Group Ltd V Tilialo
''Polymer Developments Group Ltd v Tilialo'' 0023 NZLR 258 is a New Zealand case regarding the legality of contracts created to prevent a prosecution, which unlike the earlier similar precedents of Mall Finance v Slater 9762 NZLR 685 and Barsdell v Kerr 9792 NZLR 731, in this case however, although the contract was clearly illegal, relief was granted to the creditor. Background Ena Poloa worked for Polymer Developments. After an internal investigation, it was revealed that Mr Poloa had misappropriated $374,000 from the company, which he later blamed on his gambling addiction. Poloa's brother, Katuni Tilialo, concerned that his brother would be convicted and sent to prison, contacted Polymer, offering to repay the misappropriated monies, with the inference that should he do so, that they would not get the police involved. Through his lawyers, Polymer accepted his repayment arrangement on his 3rd draft, and on 20 November 2000, the parties signed a Deed of Acknowledgement with ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of New Zealand Cases
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Zealand Contract Case Law
New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz Albums and EPs * ''New'' (album), by Paul McCartney, 2013 * ''New'' (EP), by Regurgitator, 1995 Songs * "New" (Daya song), 2017 * "New" (Paul McCartney song), 2013 * "New" (No Doubt song), 1999 *"new", by Loona from '' Yves'', 2017 *"The New", by Interpol from ''Turn On the Bright Lights'', 2002 Acronyms * Net economic welfare, a proposed macroeconomic indicator * Net explosive weight, also known as net explosive quantity * Network of enlightened Women, a conservative university women's organization * Next Entertainment World, a South Korean film distribution company Identification codes * Nepal Bhasa language ISO 639 language code * New Century Financial Corporation (NYSE stock abbreviation) * Northeast Wrestling, a professional wrestling promotion in the northeastern United States Transport * New Orleans Lakefront Ai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1997 In New Zealand Law
File:1997 Events Collage.png, From left, clockwise: The movie set of ''Titanic (1997 film), Titanic'', the List of highest-grossing films, highest-grossing movie in history at the time; ''Harry Potter and the Philosopher's Stone'', is published; Comet Hale-Bopp passes by Earth and becomes one of the most observed comet, comets of the 20th century; Golden Bauhinia Square, where sovereignty of Hong Kong is Handover of Hong Kong, handed over from the United Kingdom to the People's Republic of China; the 1997 Central European flood kills 114 people in the Czech Republic, Poland, and Germany; Korean Air Flight 801 crashes during heavy rain on Guam, killing 229; Mars Pathfinder and Sojourner (rover), Sojourner land on Mars; flowers left outside Kensington Palace following the death of Diana, Princess of Wales, in a car crash in Paris., 300x300px, thumb rect 0 0 200 200 Titanic (1997 film) rect 200 0 400 200 Harry Potter rect 400 0 600 200 Comet Hale-Bopp rect 0 200 300 400 Death of Diana ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
