Kirkland v Lindisfarne Landscape Ltd - [1985] 2 NZLR 534

Contract — Accord and satisfaction — Disputed claim for amount owing and unpaid for work carried out by plaintiff — Defendant sent cheque "as final payment" for work done — Cheque was for less than the amount of the plaintiff's bill — Plaintiff advised that it was unable to accept the cheque as full and final settlement but acknowledged receipt as part payment — Cheque was banked — Plaintiff commenced proceedings for balance of its bill — Whether the banking of the cheque established the defence of accord and satisfaction — Bills of Exchange Act 1908, s 21(2)(b).