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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 ...
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High Court Of New Zealand
The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry. The High Court was established in 1841. It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980 to make way for the naming of an eventual new Supreme Court of New Zealand. The High Court is a court of first instance for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In its appellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals. Composition and locations The High Court comprises the Chief Justice (who is head of the judiciary) and up to 55 other Judges (whic ...
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Susan Glazebrook
Dame Susan Gwynfa Mary Glazebrook (born 8 February 1956) is a judge of the Supreme Court of New Zealand. Early life, family and education Born in Bowdon, Cheshire, England, on 8 February 1956, Glazebrook emigrated to New Zealand with her family in 1962, and she became a naturalised New Zealand citizen in 1978. She was educated at Tauranga Girls' College, before going on to study at the University of Auckland, where she gained a Bachelor of Arts in 1975, a Master of Arts with first-class honours in history in 1978, and an LLB(Hons) in 1980. She later completed a DipBus (Finance) at the same institution in 1994. In 1988, Glazebrook obtained a DPhil from the University of Oxford in French legal history; her doctoral thesis was titled ''Justice in transition: crime, criminals and criminal justice in revolutionary Rouen, 1790–1800''. In 1992, Glazebrook married former New Zealand rugby union representative Greg Kane, and the couple went on to have two children together. Care ...
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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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Barsdell V Kerr
Barsdell v Kerr 9792 NZLR 731 is New Zealand case frequently cited with Mall Finance v Slater 9762 NZLR 685 and Polymer Developments v Tilialo 0023 NZLR 258 regarding illegal contracts prejudicial to the administration of justice under the Illegal Contracts Act 970 Background Barsdell ran a dental practice, and employed Mr Barker as a dental technician there. When Barsdell later discovered that this employee had sexually assaulted some of his female patients there whilst they were under anaesthesia, Barsdell procured the victims silence through making payments of compensation to the victims husbands totaling $20,000. In return, Barker had given Barsdell a promissory note to reimburse him for these payments, stating "For valuable consideration received, I agree to pay the sum of twenty thousand dollars($20,000)to my very old friend and employer GLH Barsdell", and had used Mr Kerr, a solicitor, who was a visiting client, to witness the deed of gift. Barker at the same time chang ...
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High Court Of New Zealand Cases
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New Zealand Contract Case Law
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