Will Thomas - All that glitters is not gold
Will Thomas discusses - A recent decision of the Supreme Court of Victoria shows that the court will refuse to enforce an agreement tainted by illegal conduct, even where the parties have not raised the issue of illegality.
Case: Christopoulos v Krishna  VSC 154
- A court will refuse to enforce an agreement that has been made in furtherance of an illegal purpose, such as deceiving a third party.
- The court may raise the issue of illegality on its own motion—for example, where an agreement is so uncommercial and implausible as to suggest an illegal purpose.
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