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Henry, Fitzroy v George Dave Ranglin, Nipo-Line Limited, Nipo-Line Auto Imports Limited and Andrew Ranglin

Court: 
Supreme Court
Catchwords: 

Contract-Ostensible loan contract-Whether enforceable-Public policy-Award of costs

The court finds it more than a little unpalatable to adjudicate upon a document the product of the devil's draftsman. The veneer of moneylending jargon which clads the agreements is as efficacious as Adam's fig leaf.

The enforcement of these contracts would be the inexorable, if unwitting, legitimization of what was prima facie as AIS. The perniciou socio-economic consequences to the public of so doing are incalculable. The peace, order and good governance of the state must be of fundamental concern to the state and the public as a whole. These principles and standards are not promoted by a scheme, the probable consequence of which is injury tot he public.

Document Type:

Year: 
2010
Suit/Claim number: 
2008 HCV 05233