26 Mar 2018
XIAO v SUN [2018] NZHC 536
- Citation
- [2018] NZHC 536
- Court
- High Court
Loan agreements were illegal contracts because they related to gambling conducted by the lender who provided credit for gambling (Gambling Act s15) and therefore were unenforceable under the CCLA; validation was refused as a matter of public interest and statutory purpose; plaintiff was relieved from repaying the residual principal (approx. NZD33,000) and defendant restrained from enforcing any mortgage or other remedy under the illegal agreements.
- Illegality of contracts
- Cccfa disclosure obligations
- Oppression and reopening of credit contracts
- Validation under ccla s76
- Self-exclusion and agency gambling
- Enforcement of mortgages