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 …show more content…
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
Landow, George P. “Bankruptcy in Victorian England—Threat or Myth?” The Victorian Web. 22 March 2001. 7 Nov. 2004. .
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).
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.
In conclusion it seems that the traditional view of parliamentary sovereignty as purported by Dicey is no longer an immutable part of our constitution. Although it remains a key principle of our constitution, it has now been reinterpreted in light of seminal cases such as Factortame and Jackson, from a legally unchangeable, rule of our constitution, to one in which Parliament is no longer prevented from placing limits to the content and form of itself.
... idea of Parliamentary Sovereignty: The Controlling Factor of Legality in the British Constitution’ (2008) OJLS 709.
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.
... limitation is necessary. In addition, it is being seen as taking account every history and context of the case in making decisions, rather simply judging the case according to the words of provisions. Gleeson CJ in Roach also stated the consideration that the historical context and circumstances in the case is also protected by the sections 7 and 24 of the Constitution. Therefore, the decision of the Rowe is consistent with the Constitution’s implied right and the notion of representative democracy in Australia.
On one hand, political constitutionalists argue that parliamentary sovereignty is the underlying principle in the British constitution as power and law making are bo...
The strict supremacy of statute over judicial decisions and a tradition of literalism in statutory interpretation, 2. Where no legislation exists, the courts are bound by the doctrine of precedent in accordance with a strict hierarchy of judicial authority, 3. In the absence of a relevant precedent, the judges will be guided by legal principle and reasoning by analogy, and 4. There is a clear way of distinguishing the ratio of a case. A key feature of the unwritten constitution is ‘the separation of powers’.
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.
Public Law: Text, Cases, and Materials by Andrew Le Sueur, Maurice Sunkin and Jo Murkens (Paperback - 12 Aug 2010) chapter 8 p 368-418
subject to any limitations and the UK courts are bound to apply and interpret an Act of Parliament and
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: