This article explores a recurring tension in judicial decision-making, thrown into sharp relief by recent jurisprudence - between the need for certainty and clarity in the law, and thus the need for clear articulation and enforcement of rules, with the equally important desire to achieve a fair and just result in each case, and thus the need to ensure that the rules are not uncritically applied - through the lens of illegality defence, a crucial, outstanding issue in private law.
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