High Court Wellington
18 February; 10, 11 July; 15 August 1929
Herdman J
Court of Appeal Wellington
2 July; 6 August 1930
Reed J; Adams J; Ostler J
18 February; 10, 11 July; 15 August 1929
Herdman J
Court of Appeal Wellington
2 July; 6 August 1930
Reed J; Adams J; Ostler J
Money-lender — Undue Influence — Person in Straitened Circumstances and of Little Education applying to Money-lender for Advance on Security of Life Interest under Will — Counter-proposition by Money-lender to purchase Interest conditionally on same being fortified by Life Insurance — No Independent Advice to Vendor — Purchase at Undervalue — Onus on Purchaser of proving that Transaction fair, just, and reasonable not discharged — Laches or Acquiescence — Effect of Vendor's Bankruptcy on Validity of Transaction — Appeal from Judgment declaring Transaction void against Vendor dismissed — Costs — Bankruptcy Act, 1908, ss 63 (a), 120 (g).
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