Court of Appeal Wellington
4, 5, 17 December 1986
Cooke P, McMullin and Somers JJ
4, 5, 17 December 1986
Cooke P, McMullin and Somers JJ
Practice and procedure — Bill writ — Summary judgment — Claim upon a bill of exchange — Principles upon which leave to defend may be granted — Purchaser rejected contaminated cargo and cancelled bill of exchange alleging total failure of consideration — Whether purchase should be granted leave to defend vendor's bill writ — Observations on approach to summary judgment applications in actions on bills of exchange — High Court Rules, R 136 — Code of Civil Procedure, R 495.
Bills of exchange, promissory notes and other negotiable instruments — Whether fundamental principles of English law governing bills of exchange are applicable in New Zealand.
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