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High Court Wellington
29 October; 17 December 1962
Haslam J.
Court of Appeal Wellington
8, 9 August; 16 September 1963
North P., Turner J., McCarthy J.
29 October; 17 December 1962
Haslam J.
Court of Appeal Wellington
8, 9 August; 16 September 1963
North P., Turner J., McCarthy J.
Contract — Illegality — Lease entered into in contravention of statute — Statute declaring that it is deemed to be unlawful and shall have no effect — Applicability of common law rules as to unlawful contracts — Whether landlord may recover possession during currency of term — Whether entitled to mesne profits — Evidence required as to quantum — Land Settlement Promotion Act 1952, s. 25 (4).
Land Settlement Promotion — Lease — Illegality — Lease entered into in contravention of statute — Statute declaring that it is deemed to be unlawful and shall have no effect — Applicability of common law rules as to unlawful contracts — Whether landlord may recover possession during currency of term — Whether entitled to mesne profits — Evidence required as to quantum — Land Settlement Promotion Act 1952, s. 25 (4).
Landlord and Tenant — Lease — Illegality — Lease entered into in contravention of statute — Statute declaring that it is deemed to be unlawful and shall have no effect — Applicability of common law rules as to unlawful contracts — Whether landlord may recover possession during currency of term — Whether entitled to mesne profits — Evidence required as to quantum — Land Settlement Promotion Act 1952, s. 25 (4).