Mall Finance V Slater
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Mall Finance V Slater
''Mall Finance & Investment Co Ltd v Slater'' 9762 NZLR 685, is a New Zealand case regarding whether a contract entered into to stop a party for filing criminal charge is legally enforceable or not. It is more often cited as Slater v Mall Finance. Background Gizelle Slater's de facto husband Gary Nausbaum was a director at Mall Finance. After he misappropriated $11,500 from Mall Finance, Slater entered into an agreement with the company to repay the stolen money, if the company agreed not to report the matter to the police. To secure the agreement, Slater had to give a mortgage over her house at 60 Penrose Street, Lower Hutt. Later, Slater had a change of heart (and perhaps a change of boyfriend) and applied to the High Court to set aside the mortgage because it was illegal at common law, being it was a contract entered into for the purpose of not to disclose a crime. The High Court set aside the mortgage, as section 7(3) of the Illegal Contracts Act prohibits the courts fro ...
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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 ...
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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 ...
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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 Chai ...
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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 ...
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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 ...
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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 ...
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1976 In New Zealand 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 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 ** The United States ...
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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 ...
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