Knyvett v Christchurch Casinos Ltd

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]

Knyvett v Christchurch Casinos Ltd
CourtCourt of Appeal of New Zealand
Full case name Knyvett v Christchurch Casinos Ltd
Decided17 December 1998
Citation[1999] 2 NZLR 559
Court membership
Judges sittingBlanchard, Gallen and Salmon JJ

Background

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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

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The court refused to grant relief.

References

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  1. ^ 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.