High Court Wellington
7 August 1989
Barker J
7 August 1989
Barker J
Contract — Defences — Accord and satisfaction — Lengthy dispute between debtor and creditor as to amount owing — Debtor sent cheque to creditor "in full and final payment" accompanied by letter setting out basis of calculations and nature of deductions — Director of creditor banked cheque and 10 days later replied refusing to accept deductions — Creditor sued for balance owing and debtor pleaded accord and satisfaction — Whether circumstances should be viewed objectively — Whether banking of cheque created inference in favour of debtor — Whether 10 days delay in replying overcame that inference — Whether defence of accord and satisfaction was established.
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