New Zealand Tenancy Bonds Ltd V Mooney
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New Zealand Tenancy Bonds Ltd V Mooney
New Zealand Tenancy Bonds Ltd v Mooney 9861 NZLR 280 is an often cited case regarding misrepresentation and whether the misrepresentation was "essential" in order for a party to be able to cancel the contract under the Contractual Remedies Act 1979 The Contractual Remedies Act 1979 was a statute of the New Zealand Parliament. It provided remedies in respect of misrepresentation, repudiation or breach of contract in New Zealand. It was repealed by the Contract and Commercial Law Act 2017. .... Background New Zealand Tenancy Bonds made an unconditional offer to purchase Mooney's Christchurch property which was accepted the same day. The sale agreement specified that the deposit was to be paid "immediately on acceptance of this offer". The sale agreement also stated that the payment of the deposit was "strictly of the essence of the contract". However, the purchaser waited 53 days before paying the deposit. The vendor, not happy with the delay, cancelled the contract, and r ...
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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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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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Ivor Richardson
Sir Ivor Lloyd Morgan Richardson (24 May 1930 – 29 December 2014) was an eminent New Zealand and Commonwealth jurist and legal writer and a member of the Judicial Committee of the Privy Council. Education He was a student at Timaru Boys' High School, Timaru, New Zealand. He graduated from Canterbury University College (now the University of Canterbury), Christchurch, in 1949 with an LL.B. degree. He went on to study at the University of Michigan in the United States, from where he graduated with an LL.M. degree and an SJD degree. Career Richardson was a partner in the Invercargill firm of Macalister Brothers from 1957 to 1963. From 1963 to 1966, he was Crown Counsel in the Crown Law Office in Wellington. He then joined the Victoria University of Wellington. He was Professor of Law, between 1967 and 1973, during which period he served as Dean of the Law Faculty from 1968 to 1971. After a period back in public practice in Wellington he was appointed as a judge in the High ...
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Thaddeus McCarthy (judge)
Sir Thaddeus Pearcey McCarthy (24 August 1907 – 11 April 2001) was a New Zealand jurist. McCarthy was educated at St Bede's College, Christchurch, and then studied law at Victoria University College, New Zealand and graduated in 1928. He was admitted as a solicitor only in 1929, completed an LLM degree (in 1930), and in 1931 was admitted as a barrister. He practised at the Wellington bar for 26 years until his appointment to the bench. McCarthy was in active service overseas during the Second World War. He prosecuted Walter James Bolton, who was executed in 1957, the last person executed in New Zealand. McCarthy was appointed to the Supreme Court bench in 1957, and from 1958 onwards he served periodically as a temporary judge of the Court of Appeal of New Zealand. Sir Thaddeus was President of the Court of Appeal from 1973 to 1976, and was the presiding member of an unprecedented seven Royal Commissions. He was also a Commissioner of Security Appeals. McCarthy had a reputati ...
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Contractual Remedies Act 1979
The Contractual Remedies Act 1979 was a statute of the New Zealand Parliament. It provided remedies in respect of misrepresentation, repudiation or breach of contract in New Zealand. It was repealed by the Contract and Commercial Law Act 2017. Cases * Brown v Langwoods Photo Stores Ltd * Burch v Willoughby Consultants Ltd * Cullinane v McGuigan * Gallagher v Young * Garratt v Ikeda * Hansen v Boocock * Jackson v McClintock * M E Torbett Ltd v Keirlor Motels Ltd * Mayall v Ward * New Zealand Tenancy Bonds Ltd v Mooney * Newmans Tours Ltd v Ranier Investments Ltd * Pendergrast v Chapman * Simanke v Liu * Thompson v Vincent * Wakelin v R H & E A Jackson Ltd * Worsdale v Polglase * Young v Hunt References *Francis Dawson and David W McLauchlan. The Contractual Remedies Act 1979. Sweet & Maxwell. Auckland, New Zealand. 1981Catalogue Reviewed at 41 Cambridge Law Journal 18 and 3 Oxford Journal of Legal Studies 11*Butterworths Annotations of New Zealand Statutes *Butterworths Property ...
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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 ...
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1985 In New Zealand Law
The year 1985 was designated as the International Youth Year by the United Nations. Events January * January 1 ** The Internet's Domain Name System is created. ** Greenland withdraws from the European Economic Community as a result of a new agreement on fishing rights. * January 7 – Japan Aerospace Exploration Agency launches '' Sakigake'', Japan's first interplanetary spacecraft and the first deep space probe to be launched by any country other than the United States or the Soviet Union. * January 15 – Tancredo Neves is elected president of Brazil by the Congress, ending the 21-year military rule. * January 20 – Ronald Reagan is privately sworn in for a second term as President of the United States. * January 27 – The Economic Cooperation Organization (ECO) is formed, in Tehran. * January 28 – The charity single record " We Are the World" is recorded by USA for Africa. February * February 4 – The border between Gibraltar ...
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