Ross V Henderson
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Ross V Henderson
Ross v Henderson 9772 NZLR 458 is a cited case in New Zealand regarding illegal contracts that were later upheld that the Illegal Contracts Act 1970 had the power to validate (i.e. make legal) despite the fact that another legal enactment "deemed to be unlawful and shall have no effect". Background In 1971, Ross entered into an agreement to a 5-year lease his 345-acre dairy farm to Henderson, with an option to purchase the farm for $65,000. As leases of 3 years or more are legally required to be registered with the Land Transfer Office, Henderson duly registered the lease, which included the option to purchase. Unfortunately, the LTO standard declaration form, required under the law, was not designed for such a transaction, and later resulted in Henderson to of breached the law by not registering his purchase, making the sale illegal and of no effect. In this background, in 1974 Ross's solicitor wrote to Henderson informing him that the sale of the farm had now come to an end. ...
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Privy Council
A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on state affairs. Privy councils Functioning privy councils Former or dormant privy councils See also * Privy Council of the Habsburg Netherlands * Council of State * Crown Council * Executive Council (Commonwealth countries) * Privy Council ministry * State Council State Council may refer to: Government * State Council of the Republic of Korea, the national cabinet of South Korea, headed by the President * State Council of the People's Republic of China, the national cabinet and chief administrative auth ... References {{DEFAULTSORT:Privy Council Advisory councils for heads of state Monarchy Royal and noble courts ...
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Lord Simon Of Glaisdale
Jocelyn Edward Salis Simon, Baron Simon of Glaisdale, (15 January 19117 May 2006) was a Law Lord in the United Kingdom, having been, by turns, a barrister, a commissioned officer in the British Army, a barrister again, a Conservative Party politician, a government minister, and a judge. He held three ministerial positions in the government of Harold Macmillan, during his 11-year tenure as a member of the House of Commons. He also served as President of the Probate, Divorce and Admiralty Division (now the Family Division) of High Court for nine years, and was a Law Lord for 6 years before his retirement in 1977. Simon's appointment, as of 2015, marks the last appointment of a former member of the House of Commons as a Lord of Appeal in Ordinary (although Reginald Manningham-Buller, 1st Viscount Dilhorne, appointed before Simon but retiring after Simon, was the last serving law lord to have previously served in the Commons.) As noted by ''The Independent'' in his obituary, "Ja ...
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Lord Salmon
Cyril Barnet Salmon, Baron Salmon PC (28 December 1903 – 7 November 1991) was a British judge. Early life and career Cyril Barnet Salmon was the son of Montagu Salmon (1878-1943), tobacco merchant, and Marian Nina Trevor, née Abrahams, his wife. He was the grandson of Barnett Salmon (1829-1897) co-founder of Salmon & Gluckstein, tobacco merchants. He was educated at Mill Hill School and Pembroke College, Cambridge, where he read Law. He was called to the bar by the Middle Temple in 1925, and was the pupil of Walter Monckton, before joining the chambers of Lord Wright at 5 Crown Office. During World War II, Salmon was commissioned into the Royal Artillery in 1940, and was attached to the Eighth Army as a judge advocate. He ended the war with the rank of major. Salmon took silk in April 1945. His chambers had been destroyed by bombing during the war, and little of his pre-war practice remained. Nevertheless, Salmon successfully rebuilt his practice. He served as Recorder ...
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Charles Ritchie Russell, Baron Russell Of Killowen
Charles Ritchie Russell, Baron Russell of Killowen, PC (12 January 1908 – 23 June 1986) was a British lawyer and judge who served as a lord of appeal in ordinary between 1975 and 1982. Biography Russell was born in London, the son of Frank Russell, Baron Russell of Killowen and the grandson of Charles Russell, Baron Russell of Killowen, both Lords of Appeal in Ordinary. His maternal grandfather was the Scottish politician Charles Ritchie, 1st Baron Ritchie of Dundee. Following his father, he was educated at Beaumont College and Oriel College, Oxford, where he took a Third in Jurisprudence. He was called to the bar by Lincoln's Inn in 1931. During the Second World War, Russell was commissioned into the Royal Artillery, and flew into France on D-Day by glider. Wounded in action, he was mentioned in dispatches and received the French Croix de Guerre. Returning to the bar after the war, he took silk in 1948 at the age of forty, like his father and grandfather. He was Attorne ...
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Lord Keith Of Kinkel
Henry Shanks Keith, Baron Keith of Kinkel, (7 February 1920 – 21 June 2002) was a British judge. The son of James Keith, Baron Keith of Avonholm, Harry Keith was educated in the Edinburgh Academy, at Magdalen College, Oxford, where he graduated with a Master of Arts and the University of Edinburgh, where he graduated with a Bachelor of Law. In the Second World War, he was an officer in the Scots Guards and was mentioned in dispatches, reaching the rank of Captain. He was admitted to the Faculty of Advocates in 1950, and was made a Queen's Counsel in 1962. In 1951, he had been called to the English Bar from Gray's Inn, where he became a bencher in 1976. He appointed as Sheriff of Roxburgh, Berwick and Selkirk in 1970, succeeding David Brand. He was appointed a Senator of the College of Justice with the judicial title Lord Keith in 1971. On 10 January 1977, he was appointed Lord of Appeal in Ordinary and was made additionally a life peer with the title Baron Keith of Kink ...
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Sir Garfield Barwick
Sir Garfield Edward John Barwick, (22 June 190313 July 1997) was an Australian judge who was the seventh and longest serving Chief Justice of Australia, in office from 1964 to 1981. He had earlier been a Liberal Party politician, serving as a minister in the Menzies government from 1958 to 1964. Barwick was born in Sydney, and attended Fort Street High School before going on to study law at the University of Sydney. He was called to the bar in 1927 and became one of Australia's most prominent barristers, appearing in many high-profile cases and frequently before the High Court. He served terms as president of the NSW Bar Association and the Law Council of Australia. Barwick entered politics only at the age of 54, winning election to the House of Representatives at the 1958 Parramatta by-election. Prime Minister Robert Menzies made him Attorney-General by the end of the year, and in 1961 he was additionally made Minister for External Affairs. In 1964, Menzies nominated Barwic ...
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Harding V Coburn
Harding v Coburn 9762 NZLR 577 was a New Zealand case that was one of the first that upheld that the Illegal Contracts Act 1970 had the power to validate (i.e. make legal) despite the fact that another legal enactment "deemed to be unlawful and shall have no effect". Background Harding sold their farm to Coburn. Unfortunately, the parties neglected to get the sale approved by the Court, as required under s25(4) of the Land Settlement Promotion and Land Acquisition Act 952 Under this Act, failure to obtain such a consent made the sale "unlawful and shall have no effect". As a consequence, Coburn sought the relief of validation under section 7 of the Illegal Contracts Act 1970. Harding's lawyers argued that as the sale was illegal under the Land Settlement Promotion and Land Acquisition Act, there was no legally enforceable sale agreement. Decision The Court of Appeal ruled that the courts had the power to validate contracts that are deemed illegal unless the other Act expressl ...
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Judicial Committee Of The Privy Council Cases On Appeal From New Zealand
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ...
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New Zealand Contract Case Law
New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz Albums and EPs * ''New'' (album), by Paul McCartney, 2013 * ''New'' (EP), by Regurgitator, 1995 Songs * "New" (Daya song), 2017 * "New" (Paul McCartney song), 2013 * "New" (No Doubt song), 1999 *"new", by Loona from '' Yves'', 2017 *"The New", by Interpol from ''Turn On the Bright Lights'', 2002 Acronyms * Net economic welfare, a proposed macroeconomic indicator * Net explosive weight, also known as net explosive quantity * Network of enlightened Women, a conservative university women's organization * Next Entertainment World, a South Korean film distribution company Identification codes * Nepal Bhasa language ISO 639 language code * New Century Financial Corporation (NYSE stock abbreviation) * Northeast Wrestling, a professional wrestling promotion in the northeastern United States Transport * New Orleans Lakefront Ai ...
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1977 In New Zealand Law
Events January * January 8 – Three bombs explode in Moscow within 37 minutes, killing seven. The bombings are attributed to an Armenian separatist group. * January 10 – Mount Nyiragongo erupts in eastern Zaire (now the Democratic Republic of the Congo). * January 17 ** 49 marines from the and are killed as a result of a collision in Barcelona harbour, Spain. * January 18 ** Scientists identify a previously unknown bacterium as the cause of the mysterious Legionnaires' disease. ** Australia's worst railway disaster at Granville, a suburb of Sydney, leaves 83 people dead. ** SFR Yugoslavia Prime minister Džemal Bijedić, his wife and 6 others are killed in a plane crash in Bosnia and Herzegovina. * January 19 – An Ejército del Aire CASA C-207C Azor (registration T.7-15) plane crashes into the side of a mountain near Chiva, on approach to Valencia Airport in Spain, killing all 11 people on board. * January 20 – Jimmy Carter is sworn in as the 39th Pres ...
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