ABSTRACT
The case law in relation to illegality is conflicting. This may be due to efforts by the courts to avoid the consequence of a finding of illegality in circumstances where this would allow a guilty party to avoid liability. Lyons J pointed out that, where the consent of a government official is required prior to the transfer of land, there is no illegality in entering into a contract for sale or a lease. The Decree provides a framework for enforcement and criminal penalties. It also authorises civil action for damages and other remedial orders. Ward J said that it was clearly public policy in the Solomon Islands to respect and support the sanctity of marriage. Severance involves the court in removing the illegal parts of the contract so that the remainder can be enforced. The court may also modify the clause to render it reasonable, and such modification is specifically permitted to go further than the mere deletion of words.
