Watson v Miles - [1953] NZLR 958

Vendor and Purchaser — Land Sales — Sale of Land — Consent of Land Sales Court not obtained — Purchaser in Possession — "Transaction shall be deemed to be unlawful and shall have no effect" — Meaning of "shall have no effect" — Servicemen's Settlement and Land Sales Act, 1943, s 46 (Cf. Servicemen's Settlement Act, 1950, s 26(1)).

Contract — Illegality — Principles applicable where Plaintiff's Cause of Action arising ex turpi causa — Where Both Parties in pari delicto — Where Plaintiff not relying or compelled to rely on Illegal Transaction in Support of His Right — Where Contract still executory.

Practice — Question of Law — Order for Argument Before Trial — Question Hypothetical — Necessary Facts not before Court — Mixed Question of Fact and Law — Answer on Question of Law dependent on Ascertainment of Facts — Question Extending to Causes of Action not within Pleadings — Order Wrongly made in Position of Pleadings and Circumstances of Case — Order vacated — Code of Civil Procedure, R 154.