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National Bank of New Zealand Ltd v Waitaki International Processing (NI) Ltd - [1997] 1 NZLR 724
$30.00
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High Court Wellington
9, 10, 11, 12, 13, 16, 17, 18, 19, 20, 23, 24 September; 25 November 1996
Gallen J
9, 10, 11, 12, 13, 16, 17, 18, 19, 20, 23, 24 September; 25 November 1996
Gallen J
Contract — Bailment — Allegations of breach of contract — Whether contractual relationship or gratuitous bailment — Nature of remedies.
Contract — Mistake — Mistakes arising in the course of the general contract of banker and customer — Whether relationship one of contract - Whether mistakes within the terms of the Contractual Mistakes Act 1977 — Contractual Mistakes Act 1977, s 6.
Equity — Unjust enrichment — Necessary elements — Available defences if causes of action established.
Equity — Mistake — Innocent recipient of a payment altering position — Need to take into account competing equities — Whether relief is available apart from relief under Judicature Act 1908 — Need for apportionment to recognise competing equities — Judicature Act 1908, s 94B.
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