Knyvett v Christchurch Casinos Ltd | |
Court: | Court of Appeal of New Zealand |
Date Decided: | 17 December 1998 |
Full Name: | Knyvett v Christchurch Casinos Ltd |
Citations: | [1999] 2 NZLR 559 |
Judges: | 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]
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.
The court refused to grant relief.