INTRODUCTION
In Palgo Holdings v Gowans , the High Court considered the distinction between a security in the form of a pawn or pledge and a security in the form of a chattel mortgage. The question was whether section 6 of the Pawnbrokers and Second-hand Dealers Act 1996 (NSW) (‘the 1996 Pawnbrokers Act’) extended to a business that structured its loan agreements as chattel mortgages. In a four to one majority (Kirby J dissenting) the High Court found that chattel mortgages fell outside the ambit of section 6 of the 1996 Pawnbrokers Act. However, beyond the apparent simplicity of this decision, the reasoning of the majority raises a number of questions. Was it a “turning back to literalism” as Kirby J suggested, or was it simply a case
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Prima facie this constituted carrying on a business of lending money on the security of pawned goods in its natural and ordinary meaning. Furthermore, the second reading speech of the 1996 Pawnbrokers Act did not show an intention to reduce the ambit of the businesses subject to the obligations of licencing under the Act. It was designed to “prevent and remedy problems in the current marketplace’’ , ‘‘streamline’’ licensing of pawnbrokers and second- hand dealers who deal in ‘‘high-risk-of-theft goods’’, and provide for record keeping to assist in the return of such goods where it could be shown that they had been stolen from their true owner. A technical legal meaning of ‘‘pawned goods’’ would thwart the achievements of these objectives.
Kirby J finishes his judgment with yet another attack on the reasoning of the majority, and asks whether it can “seriously be suggested that it was the purpose and object of the New South Wales Parliament to exempt a person, such as the appellant, carrying on the business of lending money on deposited goods, from the obligation to secure and comply with a licence as a pawnbroker under the Act?” He concludes that the answer to this question is in the negative , and to the extent that the present decision represents a turning back to literalism, he disagrees with
The real dispute about the plaintiffs’ rights was focused on whether the fraud exception to the protection afforded to the registered proprietor by s. 184(3)(b) of the Land Title Act had been enlivened by the conduct of Mr Lacy and Mrs Capper as the plaintiffs’ admitted agents or by that of Mr Sultan. On the factual findings I have made, Mr Sultan has not been shown to have acted fraudulently nor to have been the plaintiffs’ agent.
With that in mind, it is important to understand a couple of concepts before analyzing and determining the effectiveness of that document. Although people do not always realize it, the purchase of a home is one of the b...
The milestone judicial decision in Cole v Whitfield pronounced a pivotal moment in Australian jurisprudence in relation to the interpretation of s92 of the Australian constitution. This essay will critically analyse the constitutional interpretation approach utilised in Cole v Whitfield. This method will be compared with the interpretational methods exemplified in Commonwealth v Australian Capital Territory. Although within these two cases there appears to be a preference towards a particular interpretational method, each mode has both strengths and weaknesses. Accordingly, the merit of each should be employed in conjunction with one another, where the court deems fit, complementing each other. This may provide a holistic approach to interpreting the constitution.
To pawn goods was an easy, legal way to get cash. The shops were maintained to help people hide their hocking habits. Many shops had the entrance at the back of the building (“Pawnbrokers”). Pawning showed how desperate people were for money because the pawning business only provided temporary relief. The pawnbroker’s “lend bank notes on ‘Goods honestly come by’ at five per cent., and which they sell if not redeemed” (Poovey 240).
Landow, George P. “Bankruptcy in Victorian England—Threat or Myth?” The Victorian Web. 22 March 2001. 7 Nov. 2004. .
In questioning one of the colonia residents, it became apparent that property ownership and systematic records had become a problem. She indicated that she had previously been making payments on the property but had ceased to do so. She went on to say that the person she was paying had not been the rightful owner of the property and that she was told to stop paying. When asked who had told her to stop paying she indicated that it was an attorney who was going around trying to help the people of the colonias.
Refusing to make the declaration, the House of Lords upheld that the 1949 Act has been sanctioned validly using the 1911 Act, and that the Hunting Act had been approved using the modified process. It was affirmed...
ING is one of the 20 largest financial structures in the world and within the top ten in Europe. A dutch-founded company, ING offers a variety of products lines in the insurance industry. It offers insurance services in the Americas, in Europe as well as in Asian countries. ING also does retail and wholesale banking all over the world. ING was the first European enterprise to enter the life insurance market in countries such as Japan, Taiwan and South Korea. Life insurance policies in Asia are different than policies in the rest of the world. Asian life insurance policies include a savings aspect as well the life insurance component. Jacques Kemp has recently become the CEO of the Asia/Pacific subdivision of ING Insurance and is attempting to prepare his firm for the future competition they will face.
Lord Hope notably proposed that ‘the rule of law enforced by the courts is the ultimately controlling factor on which our constitution is based’ . This was concurred by Lady Baroness Hale who stated that ‘the courts will treat with particular suspicion any attempt to subvert the rule of law’ although she acknowledged, ‘the constraints upon what Parliament can do are political and diplomatic rather than constitution.’
...an view, that if a Parliament sought to redefine itself, this purported redefinition would be impliedly repealed the next time that legislation was passed in this area. Therefore we can see a shift in the interpretation of parliamentary sovereignty from a traditional account that Parliament could not place, substantive limits on its lawmaking power, to the acceptance of a manner and form view in which it could.
INTRODUCTION: Parliament, the supreme law-making body, has unrestricted legislative power, and the laws it passes cannot be set aside by the courts. The role of judges, in relation to laws enacted by Parliament, is to interpret and apply them, rather than to pass judgment on whether they are good or bad laws. However, evidence has shown that they have a tendency to deviate from their ‘real roles’ and instead formulate laws on their own terms. Thus, the real role of a judge in any legal system continues to be a phenomenon questioned by many.
subject to any limitations and the UK courts are bound to apply and interpret an Act of Parliament and
Judicial review seeks to enforce and uphold constitutional doctrines which govern the UK’s uncodified constitution by scrutinising administrative action. One constitutional function of judicial review is to enforce the rule of law. It can be argued, in defining the rule of law as “negative value...designed to minimised the harm to freedom and dignity which the law may cause in its pursuit of its goals” Joseph Raz characterised judicial review. The principle of which states the executive is to be ruled by the law and subject to it.
Kirby, M. 1997, ‘Bill of Rights for Australia – But do we need it?’, viewed 30 March 2014, < http://www.lawfoundation.net.au/ljf/app/&id=/A60DA51D4C6B0A51CA2571A7002069A0>
Based on the loan features(interest rates & other charges),eligiblity criteria and services provide the following case study of main players for home loans is given below: