New Zealand Case Law: Decisions & Judgments

Topic

Illegality of contract

Legal area

Court

4 Jul 2023

SEED HOUSING LTD v HARNESS RACING NEW ZEALAND INC [2023] NZHC 1705

Citation

[2023] NZHC 1705
Court

High Court

SEED held an equitable interest sufficient to support the caveat; Racing Industry Act 2020 s21 applies prospectively from its commencement and required Harness Racing consent for transfers after 1 July 2020 but refusal to consent did not render the agreement illegal or automatically cancelled; the Court refused to remove the caveat because SEED would be prejudiced and there was an arguable basis for further proceedings including judicial review of Harness Racing's decision.
29 Nov 2018

SAWYER v VICE-CHANCELLOR OF VICTORIA UNIVERSITY OF WELLINGTON [2018] NZCA 533

Citation

[2018] ERNZ[4
Court

Court of Appeal

Leave to appeal was refused because the Employment Court's conclusions as to the validity of the Settlement Agreement and the refusal to grant an extension of time were based on factual findings supported by the evidence rather than questions of law of general or public importance; the extension refusal was also justified by the long delay, prejudice and weak merits.
7 Jun 2018

XIAO v SUN [2018] NZHC 1334

Citation

[2018] NZHC 1334
Court

High Court

Plaintiff, as successful party, was entitled to scale costs and recoverable disbursements; the defendant's rejection of the second Calderbank offer shortly before trial was objectively unreasonable given available records and expert evidence, justifying increased costs, but only from the expiry date of that offer and for specific steps. Expert accounting fees and specified court fees, copying, certain interpreter fees were reasonable and awarded; translation costs were excessive given limited reliance and were halved; some claims (courier, witness allowances under old regulations) were disall…
6 Sept 2013

SHOYE VENTURE LTD v WILSON and ANOR [2013] NZHC 2339

Citation

[2013] NZHC 2339
Court

High Court

Leave to file a defence out of time was granted because the defendant demonstrated a substantial defence that the guarantee is inextricably bound up with illegal gambling arrangements, the delay was reasonably explained by reliance on the legal position prior to the Court's illegality judgment, and the plaintiff would not suffer irreparable prejudice; therefore refusal would risk a miscarriage of justice.

New Zealand Case Law

SEED HOUSING LTD v HARNESS RACING NEW ZEALAND INC [2023] NZHC 1705

SAWYER v VICE-CHANCELLOR OF VICTORIA UNIVERSITY OF WELLINGTON [2018] NZCA 533

XIAO v SUN [2018] NZHC 1334

SHOYE VENTURE LTD v WILSON and ANOR [2013] NZHC 2339