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High Court Wellington
CIV 2002-404-002029
27, 28, 29 April; 27 May 2004
Venning J
CIV 2002-404-002029
27, 28, 29 April; 27 May 2004
Venning J
Bankers and banking — Cheque — Payment by bank on forged cheque — Recovery of losses from customer — Contract between banker and customer — Whether terms to be implied in contract.
Commercial law — Bills of exchange — Recovery of losses incurred in honouring forged cheque.
Equity — Unjust enrichment — Money paid by mistake — Money had and received — Equitable defences — Judicature Act 1908, s 94B.
Tort — Deceit — Representation as to existence of partnership and business relationship — Measure of damages — Contributory negligence — Contributory Negligence Act 1947.