29 Apr 2015
SHOYE VENTURE LIMITED v DONALD GORDON WILSON [2015] NZHC 319
- Citation
- [2015] NZHC 319
- Court
- High Court
Non est factum was not established because Joyce did not act with all reasonable care when signing the October venue agreement; the October agreement superseded and discharged the September management agreement and thereby extinguished the guarantor's liability; the subsequent de facto operation was illegal under the Gambling Act and the court would not use s 7 of the Illegal Contracts Act 1970 to enforce the guarantee; judgment entered for the defendant.