Howick Parklands Building Co Ltd v Howick Parklands Ltd - [1993] 1 NZLR 749

Real estate agents — Person acting as an agent — Whether developer/builder marketing lots in building estate held itself out as real estate agent — Whether failure to hold a licence renders contract unenforceable or illegal and void — Real Estate Agents Act 1976, s 62(1)(a).

Contract — Illegal contract — Whether application of Illegal Contracts Act 1970 is excluded by s 62(1)(a) of Real Estate Agents Act 1976 - Whether if relief were required, it should be granted — Illegal Contracts Act 1970, s 7(1) - Real Estate Agents Act 1976, s 62(1)(a).

Contract — Illegal contract — Whether necessary to plead Commerce Act 1986, s 36 when claiming illegality under that section — Absence of evidence needed as to definition of market, substantial lessening of competition and dominant position — Whether contract illegal.

Contract — Illegal contract — Court's residual power to enforce contract where it would be inequitable to allow defendant to rely on illegality — Relationship of Court's residual power to statutory provisions in particular.