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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] |
New Zealand Parliament
The New Zealand Parliament ( mi, Pāremata Aotearoa) is the unicameral legislature of New Zealand, consisting of the King of New Zealand ( King-in-Parliament) and the New Zealand House of Representatives. The King is usually represented by his governor-general. Before 1951, there was an upper chamber, the New Zealand Legislative Council. The New Zealand Parliament was established in 1854 and is one of the oldest continuously functioning legislatures in the world. It has met in Wellington, the capital of New Zealand, since 1865. The House of Representatives normally consists of 120 members of Parliament (MPs), though sometimes more due to overhang seats. There are 72 MPs elected directly in electorates while the remainder of seats are assigned to list MPs based on each party's share of the total party vote. Māori were represented in Parliament from 1867, and in 1893 women gained the vote. Although elections can be called early, each three years Parliament is dissolved and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Knyvett V Christchurch Casinos Ltd
Knyvett v Christchurch Casinos Ltd 9992 NZLR 559 is a cited case in New Zealand regarding whether a contract illegal under statute, can be subsequently validated under the Illegal Contracts Act 1970. Background Polglase won a $31,173.71 jackpot at the Christchurch Casino Christchurch Casino is a casino in Christchurch, New Zealand, owned by Skyline Entertainment. The casino was New Zealand's first when it opened in 1994. The casino operates four hundred fifty slot machines and thirty-two table games. The prope ..., however when the casino later discovered that he was only 18 years old, a minor, they refused to pay him out his winnings. The Casino argued that under the Casino Control Act 1990, gambling by a minor is illegal, and thus honouring any wager would be illegal under the Act. However, the Act only prohibited a minor being on the premises of a Casino, it did not go as far as stating any bets would be illegal as well. The casino successfully obtained a judgment from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutes Of New Zealand
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications ha ... [...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] |
Re AIC Merchant Finance Ltd (in Rec)
''Re AIC Merchant Finance Ltd (in rec)'' 9902 NZLR 385 (1990) 5 NZCLC 66,153 is a cited case in New Zealand regarding relief for Illegal Contracts under the Illegal Contracts Act 1970 where validation is not legally possible. Background AIC was a finance company that collapsed in 1986. National Mutual were the trustees for the secured debentured holders. However, briefly between 30 May - 17 July 1986, AIC had not registered with the companies office its new prospectus (no. 3), which was a breach of section 37 of the Securities Act 1978. This technical oversight left the 38 investors that invested $820,000 during this period being unsecured creditors when the company was placed into receivership In law, receivership is a situation in which an institution or enterprise is held by a receiver—a person "placed in the custodial responsibility for the property of others, including tangible and intangible assets and rights"—especially in ca ... on 30 August 1986. National Mut ... [...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] |
NZI Bank Ltd V Euro-National Corp Ltd
NZI Bank Ltd v Euro-National Corp Ltd 9923 NZLR 528 is a cited case in New Zealand regarding whether a contract illegal under law, can be subsequently validated under the Illegal Contracts Act 1970. Background The employees of Euro-National devised a complicated scheme to purchase Euro-National shares that were financed by Euro-National. But the time under section 62(1) of the Companies Act 955 Year 955 (Roman numerals, CMLV) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Europe * August 10 – Battle of Lechfeld (955), Battle of Lechfeld: King Otto I, H ...made it illegal for a company to financially assist in the purchase of its own shares (since repealed), although there were numerous exceptions, such as financing share purchases of employees. Whilst the Act deemed such a transaction "illegal" under the law, the Act did not expressly exclude validation as relief. As a result, NZI sought va ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Westminster Finance NZ Ltd V South Pacific Rent-a-Car Ltd
''National Westminster Finance NZ Ltd v South Pacific Rent-a-Car Ltd'' 9851 NZLR 646 is a cited case in New Zealand regarding the validation of illegal contracts under the Illegal Contracts Act 1970. Background South Pacific ran a Christchurch-based rental car agency. Over the years, it had purchased 80 cars under hire purchase from the NZ Motor Corporation, paying a 10% deposit, plus a further 15% in instalments over the next 8 months, with the NZMC purchasing the vehicles back. Problems arose however in 1979, when Mr Mullaly sold the company to another company owned by Mr Cooper, after his lawyer advised him that these agreements were illegal, as under the Hire Purchase and Credit Sales Stabilisation Regulations 1957, hire purchase agreements are illegal if they have a deposit of less than 60%. As a result, Cooper took the drastic action of demanding that the finance company take all the vehicles back, which the duly did, and after selling the vehicles, sent South Pacific a d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mercurius Ventures Ltd V Waitakere City Council
Mercurius Ventures Ltd v Waitakere City Council 9962 NZLR 495 is a cited case in New Zealand regarding whether a contract illegal under law, can be subsequently validated under the 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 r .... Background The Waitakere City Council sought to appoint a business development officer for the city. After interviewing numerous applicants for the position, the council decided to hire Ms Howe, and offered her a starting annual salary of $80,000. In reply to this offer, Howe said that as she had been earning $120,000 a year self-employed for the past 2 years. WDC then increased the starting salary to $100,000, which Howe accepted. However, thinking of the advantages (and not the disadvantages) of being a self-employed contr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lower Hutt City Council V Martin
Lower Hutt City Council v Martin 9871 NZLR 321 is a cited case in New Zealand regarding the validation of contracts under the Illegal Contracts Act 1970. Background Patricia Martin worked for 8 1/2 years as a librarian at the Lower Hutt City Council. Upon her resignation in 1979, her employment contract entitled her to a gratuity of $878.24, a gratuity that was standard practice of the council that had been paying all its departing staff since 1952. Unfortunately for Martin, the year before in 1978, the council became aware that under section 6(2) of the Finance Act (no 2) 1941, only gave local authorities the ability to pay such gratuities if the person had been employed for more than 10 years. The council went to court to resolve this issue, and the District Court validated the gratuity. The council appealed. Held The High Court of New Zealand overturned the validation order, on the basis that to validate was against public policy. Heron J stated "I think here there is con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
Ministry Of Justice
A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Justice (Albania) * Ministry of Justice and Solicitor General of Alberta * Ministry of Justice (Algeria) * Ministry of Justice (Andorra) * Ministry of Justice (Angola) * Ministry of Justice and Legal Affairs (Antigua and Barbuda) * Ministry of Justice and Human Rights (Argentina) * Ministry of Justice (Armenia) * Ministry of Justice, Security and Integration (Aruba) * Ministry of Justice (Austria) * Ministry of Justice (Azerbaijan) * Ministry of Justice (Bahrain) * Ministry of Law, Justice and Parliamentary Affairs (Bangladesh) * Ministry of Justice of the Republic of Belarus * Ministry of Justice (Benin) * Ministry of Justice and Institutional Transparency (Bolivia) * Ministry of Justice (Bosnia and Herzegovina) * Ministry of Justice and Publ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
