Contents

Appendix 5
List of recommendations

Chapter 4 – Relocation of other provisions in the Judicature Act 1908

R9 The provisions of Part 1A of the Judicature Act 1908 should not be included in new courts legislation. Instead, they should be moved, unaltered in substance, to the Trans-Tasman Proceedings Act 2010.

R10 The following sections of the Judicature Act 1908 should be retained in a new miscellaneous commercial matters statute:
  • Sections 17A to 17E (Liquidation of associations);
  • Sections 84 to 86 (Sureties);
  • Section 88 (Lost instruments);
  • Section 90 (Stipulations in contracts as to time);
  • Section 92 (Discharge of debt by acceptance of part in satisfaction); and
  • Sections 94A and 94B (Payments under mistake).
R11 The new liquidation of associations provisions should clarify the “associations” that are excluded from their ambit by the operation of other Acts.