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Harding V Coburn
Harding v Coburn 9762 NZLR 577 was a New Zealand case that was one of the first that upheld that the Illegal Contracts Act 1970 had the power to validate (i.e. make legal) despite the fact that another legal enactment "deemed to be unlawful and shall have no effect". Background Harding sold their farm to Coburn. Unfortunately, the parties neglected to get the sale approved by the Court, as required under s25(4) of the Land Settlement Promotion and Land Acquisition Act 952 Under this Act, failure to obtain such a consent made the sale "unlawful and shall have no effect". As a consequence, Coburn sought the relief of validation under section 7 of the Illegal Contracts Act 1970. Harding's lawyers argued that as the sale was illegal under the Land Settlement Promotion and Land Acquisition Act, there was no legally enforceable sale agreement. Decision The Court of Appeal ruled that the courts had the power to validate contracts that are deemed illegal unless the other Act expressl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clifford Richmond
Sir Clifford Parris "Kip" Richmond (23 June 1914 – 29 January 1997) was a New Zealand lawyer and judge. He served as president of the Court of Appeal of New Zealand between 1976 and 1981. Biography Richmond was born on 23 June 1914 in Auckland. His father was Howard Richmond. He attended Auckland University College and Victoria University College, graduating LLM with first-class honours in 1937. On 16 March 1938 he married Valerie Jean Hamilton at St Andrew's Church in central Auckland. During World War II he was an officer in the New Zealand Artillery. Richmond served in the Fourth Field Regiment in North Africa and Italy. He was mentioned in despatches, attained the rank of major and became the personal staff officer to General Freyberg. He practised as a partner in the firm Buddle Richmond, later Buddle Richmond Weir, for 15 years, establishing a reputation as a first-class adviser, particularly in matters of commercial law. Richmond was appointed a judge of the New Zeala ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arthur Owen Woodhouse
Sir Arthur Owen Woodhouse (18 July 1916 – 15 April 2014) was a New Zealand jurist and chair of government commissions. Biography Woodhouse was born in Napier in 1916 and completed an LL.B. at the University of Auckland in 1940. He served as a Lieutenant Commander in the Royal New Zealand Naval Volunteer Reserve during World War II on motor torpedo boats and was a liaison officer with the Yugoslav Partisan in 1943. Two years later, he was serving at the British Embassy in Belgrade as assistant to the Naval Attaché. He received the Distinguished Service Cross in 1944 for naval operations in the Adriatic. Woodhouse was appointed a Judge of the New Zealand Supreme Court in 1961, and then the New Zealand Court of Appeal in 1974. The same year, he became a Privy Counsellor on the Judicial Committee. He was President of the Court of Appeal from 1981 until his retirement in 1986, after which he was appointed President of the Law Commission until 1991. Woodhouse was the Chairman ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robin Brunskill 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, Francis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island country by area, covering . New Zealand is about east of Australia across the Tasman Sea and south of the islands of New Caledonia, Fiji, and Tonga. The country's varied topography and sharp mountain peaks, including the Southern Alps, owe much to tectonic uplift and volcanic eruptions. New Zealand's capital city is Wellington, and its most populous city is Auckland. The islands of New Zealand were the last large habitable land to be settled by humans. Between about 1280 and 1350, Polynesians began to settle in the islands and then developed a distinctive Māori culture. In 1642, the Dutch explorer Abel Tasman became the first European to sight and record New Zealand. In 1840, representatives of the United Kingdom and Māori chiefs ... [...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] |
Ross V Henderson
Ross v Henderson 9772 NZLR 458 is a cited case in New Zealand regarding illegal contracts that were later upheld that the Illegal Contracts Act 1970 had the power to validate (i.e. make legal) despite the fact that another legal enactment "deemed to be unlawful and shall have no effect". Background In 1971, Ross entered into an agreement to a 5-year lease his 345-acre dairy farm to Henderson, with an option to purchase the farm for $65,000. As leases of 3 years or more are legally required to be registered with the Land Transfer Office, Henderson duly registered the lease, which included the option to purchase. Unfortunately, the LTO standard declaration form, required under the law, was not designed for such a transaction, and later resulted in Henderson to of breached the law by not registering his purchase, making the sale illegal and of no effect. In this background, in 1974 Ross's solicitor wrote to Henderson informing him that the sale of the farm had now come to an end. ... [...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] |
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] |
1976 In Case Law
Events January * January 3 – The International Covenant on Economic, Social and Cultural Rights enters into force. * January 5 – The Pol Pot regime proclaims a new constitution for Democratic Kampuchea. * January 11 – The 1976 Philadelphia Flyers–Red Army game results in a 4–1 victory for the National Hockey League's Philadelphia Flyers over HC CSKA Moscow of the Soviet Union. * January 16 – The trial against jailed members of the Red Army Faction (the West German extreme-left militant Baader–Meinhof Group) begins in Stuttgart. * January 18 ** Full diplomatic relations are established between Bangladesh and Pakistan 5 years after the Bangladesh Liberation War. ** The Scottish Labour Party (1976), Scottish Labour Party is formed as a breakaway from the UK-wide party. ** Super Bowl X in American football: The Pittsburgh Steelers defeat the Dallas Cowboys, 21–17, in Miami. * January 21 – First commercial Concorde flight, from London to Bahrain. * January 27 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
