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…In order for the defendants to avoid payment of the claim on this last ground it must show that its mistake rendered the contract nullity one naturally turns to the decision of the House of Lords in Bell vs Lever Brothers…

…I feel that the best and briefest statement of what that cure decided is Lord Denning (then Denning L J) in Solle vs Butcher [1950] 1 TLR at p 458, which reads: “Let me first consider mistakes which render a contract a nullity…

…A fundamental defect will make it a nullity.…

…The court should not readily treat a defect as fundamental and so a nullity, and should be anxious to bring the matter within the umbrella of Ord 70 when justice can be done as a matter of discretion, still bearing in mind…

…It was up to court, when it was pointed out in an application for review that judgment was entered against some defendants without being heard, to hold that the whole arbitration proceedings were a nullity in the interest…

…The point here is not of fresh evidence but the point of law which underlie the proceedings the effect of which render the proceedings a nullity.…

…It therefore is apparent that the extension of time granted by Platt J. was a nullity. Any steps taken thereafter are therefore of no consequence. But the orders of Platt J. were not challenged on appeal.…

…The letter of Consent is null and void and the whole transaction is a nullity due to failure of obtaining the Land Board Consent within the stipulated period according to law.…

…The appellant wishing to resile from the agreement of sale alleges that the Land Board Consent obtained for the sub-division and sale is a nullity since it was granted outside the period of three months allowed under section…

…This latter order still stands and the hearing of the suit by Kuloba, J was a nullity and of no effect.…

…Kanseen (1943) 1K.B. 256 which decision seems to turn on to the issue as to whether or not an order which is a nullity can be set aside ex debito justiciae.…

…The petition was dismissed because of an omission to stamp the power of attorney prior to the presentation of the petition which omission the Court said had rendered the proceedings purported to be instituted under it a nullity…