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Brown v Reardon - [1985] 2 NZLR 530


High Court Wellington
24 May; 13 June 1983
Casey J
Contract — Accord and satisfaction — Disputed claims — Defendant sent cheque in "full and final settlement" of all claims — Cheque was for less than the amount the plaintiff considered he was owed — Plaintiff asked whether cheque should be returned or held in anticipation of a further cheque for the balance of the claim — Defendant's solicitors replied that they were seeking further instructions from their client — No further advice was received from defendant — Plaintiff commenced proceedings for balance of the claim and banked cheque — Whether the banking of the cheque established the defence of accord and satisfaction — Bills of Exchange Act 1908, s 21(2)(b).

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