Court of Appeal Wellington
21 September; 4 November 1981
Richardson, McMullin and Somers JJ
21 September; 4 November 1981
Richardson, McMullin and Somers JJ
Commercial law — Financing arrangement — "Sham" document — Exercise of discretion under s 55 of the Statutes Amendment Act 1936 — Transaction whereby $12,000 was lent to respondent for purchase of a truck termed a conditional purchase agreement — Truck converted and damaged by fire — No insurance was recoverable — Whether transaction a moneylending transaction — Whether, notwithstanding absence of note or memorandum required by s 8 of the Moneylenders Amendment Act 1933, relief should be granted to lender under s 55 of the Statutes Amendment Act 1936.
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