Elwin v O'Regan and Maxwell

JurisdictionNew Zealand
Date1971
Year1971
CourtSupreme Court
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6 cases
  • National Employers' Mutual General Insurance Association Ltd v Jones
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 27 March 1987
    ...a scale which calls for their protection. 35 Counsel then referred us to the two Commonwealth decisions which I have mentioned. In Elwin v. O'Regan and Maxwell [1971] NZLR 1124, Beattie J. had before him in the Supreme Court in Wellington, first, a claim by the ultimate purchaser of a motor......
  • National Employers Mutual General Insurance Association Ltd v Jones
    • United Kingdom
    • House of Lords
    • 21 April 1988
    ...Third, there is Commonwealth authority directly in point. There is first the decision of Beattie J. in Elwin v. O'Regan and Maxwell [1971] N.Z.L.R. 1124. That case was concerned with section 27(2) of the New Zealand Sale of Goods Act 1908, which is in the same terms as section 25(2) of the ......
  • New Zealand Basing Ltd v Brown
    • New Zealand
    • Court of Appeal
    • 4 November 2016
    ...and [1-061]. 41 Laws of New Zealand Conflict of Laws: Choice of Law (online ed) at [8]. An example of this principle is Elwin v O'Regan [1971] NZLR 1124 (SC) at 42 Contractual Remedies Act 1979, s 14A; Contractual Mistakes Act 1977, s 11A; Contracts (Privity) Act 1982, s 13A. See also s 3 o......
  • David Brown v New Zealand Basing Ltd
    • New Zealand
    • Employment Court
    • 15 December 2014
    ...407 (EmpC). 45 Laws of New Zealand Conflict of Laws: Choice of Law (online ed) at [8]. An example of this principle is Elwin v O'Regan [1971] NZLR 1124 (SC) at 46 Collins, above n 18, at [1-053]–[1-054], [1-061]. 47 Sutton, above n 43. 48 At 438 (citations omitted). 49 Clifford, above n 44,......
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2 books & journal articles
  • Acquiring Title by Theft
    • United Kingdom
    • The Modern Law Review No. 65-4, July 2002
    • 1 July 2002
    ...Ali vWaliMohamed & Co (1938) 18 KLR 23), Canada (Brandon v Leckie (1972) 29 DLR (3d) 633) and NewZealand (Elwin vO’Regan & Maxwell [1971] NZLR 1124).10 The majority of the Court of Appeal held that that there was no sale by the thief or any of hissuccessors, because none of those transactio......
  • CAN A THIEF PASS TITLE TO STOLEN GOODS?
    • Singapore
    • Singapore Academy of Law Journal No. 1994, December 1994
    • 1 December 1994
    ...had the sale been made by a hirer instead: see Halsbury’s Laws of England, 4th ed, Vol 22, para 268. 49 Elwin v O’Regan and Maxwell [1971] NZLR 1124. 50 Brandon v Leckie (1972) 29 DLR (3d) 633. 51 Under the American Uniform Commercial Code, the thief would also be unable to pass any title t......

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