Chapter 14 - The commercial provisions in the Judicature Act 1908


The Judicature Act 1908 contains a number of provisions that are unrelated to the role and structure of the courts. Some of these were introduced into the Act when no sensible alternative statute could be found. Others were included in the Act at the time of its enactment in New Zealand, reflecting the placement of similar provisions in the United Kingdom legislation upon which the Judicature Act 1908 was based. As a result, the Act includes an odd assortment of provisions with a commercial flavour. If a new Courts Bill is introduced, another home will need to be found for such of these “commercial” sections as should continue in law. We discuss how this might be achieved at the end of this chapter.

The particular sections addressed are:

(a)sections 17A−17E (liquidation of associations);

(b)sections 84−86 (sureties);

(c)section 88 (lost negotiable instruments);

(d)section 90 (stipulations in contracts as to time);

(e)section 92 (discharge of debt by acceptance of part in satisfaction of the whole);

(f)sections 94A−94B (payments under mistake).