High Court Wellington
25, 26, 29 June; 20 July 1984
Eichelbaum J
25, 26, 29 June; 20 July 1984
Eichelbaum J
Bankers and banking — Dishonour of cheques — Contract — Breach — Implied term — Oral agreement — Subsequent conduct — Business partnership's accounts exceeded overdraft limit and bank dishonoured four cheques — Each cheque was marked "R/D" and returned to payee — Interpretation of contract — Whether the bank was in breach of contract — Whether marking the cheques "Return to Drawer" was defamatory — Whether defence of justification succeeded — Liability for damages.
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