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National Bank of New Zealand Ltd v Waitaki International Processing (NI) Ltd - [1999] 2 NZLR 211

$30.00

Court of Appeal Wellington
14, 15 July; 12 November 1998
Henry, Thomas and Tipping JJ
Equity — Unjust enrichment — Money had and received — Payment by mistake — Equitable defences — Recipient advised payer — Payer insisted not a mistake — Recipient placed money in a speculative investment — Money lost — Balancing of the equities — Judicature Act 1908, s 94B.
Statutes — Interpretation — Judicature Act 1908, s 94B — Whether statutory provision inhibits application of wider equitable principle — Whether a strict construction should be taken of a remedial statute — Judicature Act 1908, s 94B.

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