Magnum Photo Supplies Ltd V Viko New Zealand Ltd
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Magnum Photo Supplies Ltd V Viko New Zealand Ltd
The Magnum Photo Supplies Ltd v. Viko New Zealand Ltd 999(1 NZLR 395) case was the last of numerous New Zealand cases cited regarding whether or not banking (depositing) a cheque received for part payment was legally accord and satisfaction. In this case, it was the only NZ case not subject to a dispute, that the creditor was successful in being able to claim for the balance from the debtor. Background Magnum had supplied Viko with imagining equipment and for reasons not stated, Viko did not pay Magnum, resulting in Magnum taking legal action in the High Court. Magnum ultimately obtained judgement against Viko for $275,450.95. Viko unhappy with this ruling, filed an appeal with the court, and soon after wrote the following letter to Magnum's solicitors saying they are confident in winning the appeal, and tendered a cheque for $124,677.18 as a settlement agreement. "Whilst Viko is confident of its chances of success on appeal, it is clear that both parties face litigation ri ...
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New Zealand Court Of Appeal
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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Thomas 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 ...
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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 ...
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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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Cheque
A cheque, or check (American English; see spelling differences) is a document that orders a bank (or credit union) to pay a specific amount of money from a person's account to the person in whose name the cheque has been issued. The person writing the cheque, known as the ''drawer'', has a transaction banking account (often called a current, cheque, chequing, checking, or share draft account) where the money is held. The drawer writes various details including the monetary amount, date, and a payee on the cheque, and signs it, ordering their bank, known as the ''drawee'', to pay the amount of money stated to the payee. Although forms of cheques have been in use since ancient times and at least since the 9th century, they became a highly popular non-cash method for making payments during the 20th century and usage of cheques peaked. By the second half of the 20th century, as cheque processing became automated, billions of cheques were issued annually; these volumes peaked ...
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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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1999 In New Zealand Law
File:1999 Events Collage.png, From left, clockwise: The Death and state funeral of King Hussein, funeral procession of King Hussein of Jordan in Amman; the 1999 İzmit earthquake kills over 17,000 people in Turkey; the Columbine High School massacre, one of the first major List of school shootings in the United States by death toll, school shootings in the United States; the Year 2000 problem ("Y2K"), perceived as a major concern in the lead-up to the year 2000; the Millennium Dome opens in London; online music downloading platform Napster is launched, soon a source of Online piracy, online piracy; NASA loses both the Mars Climate Orbiter and the Mars Polar Lander; a destroyed t-55, T-55 tank near Prizren during the Kosovo War., 300x300px, thumb rect 0 0 200 200 Death and state funeral of King Hussein rect 200 0 400 200 1999 İzmit earthquake rect 400 0 600 200 Columbine High School massacre rect 0 200 300 400 Kosovo War rect 300 200 600 400 Year 2000 problem rect 0 400 200 600 Mars ...
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1999 In Case Law
File:1999 Events Collage.png, From left, clockwise: The funeral procession of King Hussein of Jordan in Amman; the 1999 İzmit earthquake kills over 17,000 people in Turkey; the Columbine High School massacre, one of the first major school shootings in the United States; the Year 2000 problem ("Y2K"), perceived as a major concern in the lead-up to the year 2000; the Millennium Dome opens in London; online music downloading platform Napster is launched, soon a source of online piracy; NASA loses both the Mars Climate Orbiter and the Mars Polar Lander; a destroyed T-55 tank near Prizren during the Kosovo War., 300x300px, thumb rect 0 0 200 200 Death and state funeral of King Hussein rect 200 0 400 200 1999 İzmit earthquake rect 400 0 600 200 Columbine High School massacre rect 0 200 300 400 Kosovo War rect 300 200 600 400 Year 2000 problem rect 0 400 200 600 Mars Climate Orbiter rect 200 400 400 600 Napster rect 400 400 600 600 Millennium Dome 1999 was designated as the Intern ...
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