Knyvett v Christchurch Casinos Ltd
| Knyvett v Christchurch Casinos Ltd | |
|---|---|
 | |
| Court | Court of Appeal of New Zealand |
| Full case name | Knyvett v Christchurch Casinos Ltd |
| Decided | 17 December 1998 |
| Citation | [1999] 2 NZLR 559 |
| Court membership | |
| Judges sitting | Blanchard, Gallen and Salmon JJ |
Knyvett v Christchurch Casinos Ltd [1999] 2 NZLR 559 is a cited case in New Zealand regarding whether a contract illegal under statute, can be subsequently validated under the Illegal Contracts Act 1970.[1]
Background
[edit]Polglase won a $31,173.71 jackpot at the Christchurch Casino, however when the casino later discovered that he was only 18 years old, a minor, they refused to pay him out his winnings.
The Casino argued that under the Casino Control Act 1990, gambling by a minor is illegal, and thus honouring any wager would be illegal under the Act.
However, the Act only prohibited a minor being on the premises of a Casino, it did not go as far as stating any bets would be illegal as well.
The casino successfully obtained a judgment from the High Court.
Polglase, via his guardian Kynvett appealed.
Decision
[edit]The court refused to grant relief.
References
[edit]- ^ Chetwin, Maree; Graw, Stephen; Tiong, Raymond (2006). An introduction to the Law of Contract in New Zealand (4th ed.). Thomson Brookers. p. 309. ISBN 0-86472-555-8.
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