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Attorney-General V Barker Bros Ltd
Attorney-General v Barker Bros Ltd 9762 NZLR 495 is a cited New Zealand case regarding the legal concept of certainty regarding contract formation. It reinforces in NZ case law the English case of G Scammell & Nephew Ltd v Ouston 941AC 251. Background The crown leased an airstrip in Te Hapupu, Chatham Islands from Barker Bros for a term of 5 years, with the lease giving the crown a right of renewal. Clause 2 stated "The terms and conditions of any such renewal renewed lease shall be as agreed upon the parties at the time, but the enewedrent shall not be less than the amount payable hereunder". Unfortunately, the lease gave no explicit method to calculate the new rent if the lease was later renewed. However, clause 18, was an arbitration Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or ' arbitral tribunal'), which renders ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of New Zealand
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington. The Court and its work The President and nine other permanent appellate judges constitute the full-time working membership of the Court of Appeal. The court sits in panels of five judges and three judges, depending on the nature and wider significance of the particular case. A considerable number of three-judge cases are heard by Divisional Courts consisting of one permanent Court of Appeal judge and two High Court judges second ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clifford Richmond
Sir Clifford Parris "Kip" Richmond (23 June 1914 – 29 January 1997) was a New Zealand lawyer and judge. He served as president of the Court of Appeal of New Zealand between 1976 and 1981. Biography Richmond was born on 23 June 1914 in Auckland. His father was Howard Richmond. He attended Auckland University College and Victoria University College, graduating LLM with first-class honours in 1937. On 16 March 1938 he married Valerie Jean Hamilton at St Andrew's Church in central Auckland. During World War II he was an officer in the New Zealand Artillery. Richmond served in the Fourth Field Regiment in North Africa and Italy. He was mentioned in despatches, attained the rank of major and became the personal staff officer to General Freyberg. He practised as a partner in the firm Buddle Richmond, later Buddle Richmond Weir, for 15 years, establishing a reputation as a first-class adviser, particularly in matters of commercial law. Richmond was appointed a judge of the New Zeala ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arthur Owen Woodhouse
Sir Arthur Owen Woodhouse (18 July 1916 – 15 April 2014) was a New Zealand jurist and chair of government commissions. Biography Woodhouse was born in Napier in 1916 and completed an LL.B. at the University of Auckland in 1940. He served as a Lieutenant Commander in the Royal New Zealand Naval Volunteer Reserve during World War II on motor torpedo boats and was a liaison officer with the Yugoslav Partisan in 1943. Two years later, he was serving at the British Embassy in Belgrade as assistant to the Naval Attaché. He received the Distinguished Service Cross in 1944 for naval operations in the Adriatic. Woodhouse was appointed a Judge of the New Zealand Supreme Court in 1961, and then the New Zealand Court of Appeal in 1974. The same year, he became a Privy Counsellor on the Judicial Committee. He was President of the Court of Appeal from 1981 until his retirement in 1986, after which he was appointed President of the Law Commission until 1991. Woodhouse was the Chairma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robin Cooke
Robin Brunskill Cooke, Baron Cooke of Thorndon (9 May 1926 – 30 August 2006) was a New Zealand judge and later a British Law Lord and member of the Judicial Committee of the Privy Council. He is widely considered one of New Zealand's most influential jurists, and is the only New Zealand judge to have sat in the House of Lords. He was a Non-Permanent Judge of the Court of Final Appeal of Hong Kong from 1997 to 2006. Early life and education The son of the Supreme Court judge, Justice Philip Brunskill Cooke and his wife, Valmai, Lord Cooke was born in Wellington and attended Wanganui Collegiate School. He graduated with an LL.M. from Victoria University College, and subsequently studied at Clare College, Cambridge as a Research Fellow. While on a travelling scholarship, Lord Cooke was awarded an MA in 1954 from Gonville and Caius College, Cambridge and subsequently a PhD in 1955. In 1952, he married Annette Miller, with whom he had three sons. One of their sons, Franci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
G Scammell & Nephew Ltd V Ouston
''G Scammell and Nephew Ltd v HC&JG Ouston'' 9411 AC 251 is an English contract law case, concerning the certainty of an agreement. It stands as an example of a relatively rare case where a court cannot find some way in which a contract can be made to work. Facts The claimants wished to trade in their old van for a new van with the defendants. They agreed a price for the old van’s trade in, but only that they would pay for the new van ‘on hire purchase terms’ for two years. The defendants subsequently pulled out of the agreement, and when the claimants attempted to sue, the defendants argued that the agreement could not be enforced because it was too uncertain. Judgment The House of Lords held this was too vague for the contract to be enforced. There was no objective standard by which the court could know what price was intended or what a reasonable price might be. Viscount Simon LC, Viscount Maugham, Lord Russell and Lord Wright all gave speeches. See also *Contract *E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Airstrip
An aerodrome (Commonwealth English) or airdrome (American English) is a location from which aircraft flight operations take place, regardless of whether they involve air cargo, passengers, or neither, and regardless of whether it is for public or private use. Aerodromes include small general aviation airfields, large commercial airports, and military air bases. The term ''airport'' may imply a certain stature (having satisfied certain certification criteria or regulatory requirements) that not all aerodromes may have achieved. That means that all airports are aerodromes, but not all aerodromes are airports. Usage of the term "aerodrome" remains more common in Ireland and Commonwealth nations, and is conversely almost unknown in American English, where the term "airport" is applied almost exclusively. A water aerodrome is an area of open water used regularly by seaplanes, floatplanes or amphibious aircraft for landing and taking off. In formal terminology, as defined by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chatham Islands
The Chatham Islands ( ) ( Moriori: ''Rēkohu'', 'Misty Sun'; mi, Wharekauri) are an archipelago in the Pacific Ocean about east of New Zealand's South Island. They are administered as part of New Zealand. The archipelago consists of about ten islands within an approximate radius, the largest of which are Chatham Island and Pitt Island (Rangiauria). They include New Zealand's easternmost point, the Forty-Fours. Some of the islands, formerly cleared for farming, are now preserved as nature reserves to conserve some of the unique flora and fauna. The islands were uninhabited when the Moriori people arrived around 1500 CE and developed a peaceful way of life. In 1835 members of the Ngāti Mutunga and Ngāti Tama Māori iwi from the North Island of New Zealand invaded the islands and nearly exterminated the Moriori, enslaving the survivors. Later during the period of European colonisation of New Zealand, the New Zealand Company claimed that the British Crown had never ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitration
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or ' arbitral tribunal'), which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commerci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1976 In Case Law
Events January * January 3 – The International Covenant on Economic, Social and Cultural Rights enters into force. * January 5 – The Pol Pot regime proclaims a new constitution for Democratic Kampuchea. * January 11 – The 1976 Philadelphia Flyers–Red Army game results in a 4–1 victory for the National Hockey League's Philadelphia Flyers over HC CSKA Moscow of the Soviet Union. * January 16 – The trial against jailed members of the Red Army Faction (the West German extreme-left militant Baader–Meinhof Group) begins in Stuttgart. * January 18 ** Full diplomatic relations are established between Bangladesh and Pakistan 5 years after the Bangladesh Liberation War. ** The Scottish Labour Party is formed as a breakaway from the UK-wide party. ** Super Bowl X in American football: The Pittsburgh Steelers defeat the Dallas Cowboys, 21–17, in Miami. * January 21 – First commercial Concorde flight, from London to Bahrain. * January 27 ** The United States ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1976 In New Zealand Law
Events January * January 3 – The International Covenant on Economic, Social and Cultural Rights enters into force. * January 5 – The Pol Pot regime proclaims a new constitution for Democratic Kampuchea. * January 11 – The 1976 Philadelphia Flyers–Red Army game results in a 4–1 victory for the National Hockey League's Philadelphia Flyers over HC CSKA Moscow of the Soviet Union. * January 16 – The trial against jailed members of the Red Army Faction (the West German extreme-left militant Baader–Meinhof Group) begins in Stuttgart. * January 18 ** Full diplomatic relations are established between Bangladesh and Pakistan 5 years after the Bangladesh Liberation War. ** The Scottish Labour Party (1976), Scottish Labour Party is formed as a breakaway from the UK-wide party. ** Super Bowl X in American football: The Pittsburgh Steelers defeat the Dallas Cowboys, 21–17, in Miami. * January 21 – First commercial Concorde flight, from London to Bahrain. * January 27 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of New Zealand Cases
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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