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CIVIL LAW

Fraud and Dishonesty

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The purpose of this Index site is to give you some of the law relating to the meaning of the words "fraudulent" or "dishonest." 

This term comes up quite frequently in the offences relating to dishonesty in our Crimes act 1961 from sections 217 to 292 and in sections 99 to 117.

Wherever a particular section relating to dishonesty under which someone has been charged uses the term fraudulently you can simply take it that the word fraudulently means dishonesty. There must be a dishonest purpose.

It is a simple enough concept but we shall provide you with some further information a

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Feedback/Blogs/Reviews from related topic: Accessory After The Fact
"Membership No 186685
I have been unable to acquire any case law in regards to bankruptcy. I am thge alleged defendant in the matter and have opposed the application for bankruptcy as I am not the defendant. The case is now at the stage of the high court requiring a synopsis under 251a, I wish to make submissions in not being notified of the hearing at the district court after the notice of proceeding was served. The matter then got judgement without my knowledge and is now before the high court for bankruptcy. Please advise the procedure to locate any supportive case law that may assist with my application to set aside the bankrupcy claim.

Kindest Regards
A.Marsh
I "

"You will certainly get a rehearing if you were not notified but, if you simply misread the documents you were originally served with then you could be in trouble. You must actively follow up on your obligation to file and serve a defence and not just wait for the Court to come to you. Good luck . . . Netlaw "
"Likewise . . . very helpful. Thanks. Gerald - May 2007 - Tauranga"
"Received notice from a creditors lawyer that they wish to put in companiy into liquidation and I have up to today upon receiving their letter. A Statory Demand was intially sent on 7 Aril 2008, which I reponded with a reply explaining that an arrangement (verbal) had been entered in by both parties which was to continue supply, once company got post dated cheques, company stopped surpply and but still continued to present cheques which was not the agreement which was entred into.
What position does that leave me if I want to legal challenge this. Without causing me excessive expresses.

Rina

Netlaw responds: If you say that they cannot properly sue because there was a new agreement for time payment, then you can apply for an injunction saying that the Statutory Demand Notice is wrong. But it will cost you. An injunction should not be done without legal advice. Type up a Statement setting out precisiely all the facts as you know them and see a lawyer as soon as possible. A letter shouid be sent to the other side saying how inappropriate the Demand procedure is when the subsequent agreement between the parties was made and kept by you. But you must get your facts right!"

Feedback/Blogs/Reviews from related topic: Accessory After The Fact
"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
"Thanks Netlaw. Rolf - Auckland"
Feedback/Blogs/Reviews from related topic: Accessory After The Fact
"A one stop shop for flatting problems. Thanks Jenna. Blenheim"
Feedback/Blogs/Reviews from related topic: Accessory After The Fact
"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
Feedback/Blogs/Reviews from related topic: Accessory After The Fact
"I was roughly treated at a Police interview. One cop did hit me. It was not that hard but he banged me on the top of the head and yelled that he wanted the truth. It does happen . . not as bad as you see on TV but it does happen. Kevin - North Shore"
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