Duncan v McDonald - [1997] 3 NZLR 669

Contract — Illegal contract — Enforceability of power of sale contained in mortgage — Mortgage entered into in furtherance of illegal venture — Whether mortgage void and unenforceable — Effect of knowledge of parties — Effect of registration under Land Transfer Act 1952 — Whether mortgagee entitled to make in personam claim — Whether unconscionable to allow enforcement — Desirability of apportioning loss under relief provisions of relevant legislation — Observation as to equitable jurisdiction — Observation as to duty of Judge in absence of plea of illegality — Illegal Contracts Act 1970, ss 6(1) and 7 — Land Transfer Act 1952, ss 41 and 63.