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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] |
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] |
Edward Somers
Sir Edward Jonathan Somers (9 September 1928 – 3 June 2002) was a New Zealand jurist and member of the Privy Council. Biography Somers was born in Christchurch in 1928, and was educated at Christ's College and the University of Canterbury, where he gained a Bachelor of Arts and a Bachelor of Laws. In 1952, Somers became engaged to Mollie Louise Morison, and they later married and went on to have three children. Somers practised as a barrister and solicitor between 1952 and 1971, and solely as a barrister thereafter. In 1973, he was appointed Queen's Counsel, and the following year he became a judge of the Supreme Court (now High Court). He was appointed a judge of the Court of Appeal in 1981, a role from which he retired in 1990.Sir Edward Somers . Bloody Sunday Trust. Retrieved 18 May 2013. In 1981, he was also appointed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Eichelbaum
Sir Johann Thomas Eichelbaum (17 May 1931 – 31 October 2018) was a New Zealand jurist who served as the 11th Chief Justice of New Zealand. Early life and family Eichelbaum was born in Königsberg, Germany, and his family emigrated to Wellington, New Zealand, in 1938 to escape the persecution of Jews.For instance, on one occasion Eichelbaum was attacked by a group of other schoolchildren, and even the adult who stopped the assault abused him, calling him ‘a bloody Jew’. He became a naturalised New Zealander in 1946. Eichelbaum was educated at Hutt Valley High School, then attended Victoria University College, graduating LLB in 1954. In 1956, Eichelbaum married Vida Beryl Franz, and the couple went on to have three sons. Eichelbaum's father Walter was first cousin with Siegfried Eichelbaum, the husband of the artist Vera Chapman. Legal career In 1978, Eichelbaum was appointed a Queen's Counsel, and from 1980 to 1982 he was President of the New Zealand Law Society. In 198 ... [...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] |
Christchurch
Christchurch ( ; mi, Ōtautahi) is the largest city in the South Island of New Zealand and the seat of the Canterbury Region. Christchurch lies on the South Island's east coast, just north of Banks Peninsula on Pegasus Bay. The Avon River / Ōtākaro flows through the centre of the city, with an urban park along its banks. The city's territorial authority population is people, and includes a number of smaller urban areas as well as rural areas. The population of the urban area is people. Christchurch is the second-largest city by urban area population in New Zealand, after Auckland. It is the major urban area of an emerging sub-region known informally as Greater Christchurch. Notable smaller urban areas within this sub-region include Rangiora and Kaiapoi in Waimakariri District, north of the Waimakariri River, and Rolleston and Lincoln in Selwyn District to the south. The first inhabitants migrated to the area sometime between 1000 and 1250 AD. They hunted moa, which led ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rental Car
Renting, also known as hiring or letting, is an agreement where a payment is made for the temporary use of a good, service or property owned by another. A gross lease is when the tenant pays a flat rental amount and the landlord pays for all property charges regularly incurred by the ownership. An example of renting is equipment rental. Renting can be an example of the sharing economy. History Various types of rent are referenced in Roman law: rent (''canon'') under the long leasehold tenure of Emphyteusis; rent (''reditus'') of a farm; ground-rent (''solarium''); rent of state lands (''vectigal''); and the annual rent (''prensio'') payable for the ''jus superficiarum'' or right to the perpetual enjoyment of anything built on the surface of land. Reasons for renting There are many possible reasons for renting instead of buying, for example: *In many jurisdictions (including India, Spain, Australia, United Kingdom and the United States) rent paid in a trade or business is t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hire Purchase
A hire purchase (HP), also known as an installment plan, is an arrangement whereby a customer agrees to a contract to acquire an asset by paying an initial installment (e.g., 40% of the total) and repaying the balance of the price of the asset plus interest over a period of time. Other analogous practices are described as closed-end leasing or rent to own. In other words installment means to let a thing without giving total price while payment will be given in a given time period. The buyer will pay monthly agreement installment. The hire purchase agreement was developed in the United Kingdom in the 19th century to allow customers with a cash shortage to make an expensive purchase they otherwise would have to delay or forgo. For example, in cases where a buyer cannot afford to pay the asked price for an item of property as a lump sum but can afford to pay a percentage as a deposit, a hire-purchase contract allows the buyer to hire the goods for a monthly rent. When a sum equal t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Financial Institution
Financial institutions, sometimes called banking institutions, are business entities that provide services as intermediaries for different types of financial monetary transactions. Broadly speaking, there are three major types of financial institutions: # Depository institutions – deposit-taking institutions that accept and manage deposits and make loans, including banks, building societies, credit unions, trust companies, and mortgage loan companies; # Contractual institutions – insurance companies and pension funds # Investment institutions – investment banks, underwriters, and other different types of financial entities managing investments. Financial institutions can be distinguished broadly into two categories according to ownership structure: * Commercial banks * Cooperative banks Some experts see a trend toward homogenisation of financial institutions, meaning a tendency to invest in similar areas and have similar business strategies. A consequence of this might ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Personal Guarantee
A personal guarantee is a promise made by a person or an organization (the guarantor) to accept responsibility for some other party's debt (the debtor) if the debtor fails to pay it. In the case of a personal guarantee made by an individual on behalf of another, the person who makes the personal guarantee is usually referred to as a '' co-signer'' of a note for a loan. A guarantor can be any party, including an individual or another organization, with a credit history. A common purpose of a personal guarantee is to allow a loan to be extended to an organization or person with either no credit history or one with a credit rating that is too poor to qualify for a loan. If a small corporation or limited liability company lacks a credit history, and it wants the entity to be able to borrow funds, the managers and/or stockholders personally guarantee to be liable for the debt in case the organization fails to pay the debt. That is common in the case of corporate credit cards issued to s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Counterclaim
In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant’s claims are “counterclaims.” Examples of counterclaims include: * After a bank has sued a customer for an unpaid debt, the customer counterclaims (sues back) against the bank for fraud in procuring the debt. The court will sort out the different claims in one lawsuit (unless the claims are severed). * Two cars collide. After one person sues for damage to his/her car and personal injuries, the defendant counterclaims for similar property damage and personal injury claims. United States In U.S. federal courts, counterclaims can arise on various occasions, including e.g.: *an attempt by the defendant to offset or reduce the amount/implications of the plaintiff's claim; *a different claim by the defendant ... [...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
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