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Court of Appeal Wellington
CA193/2009; [2010] NZCA 404
31 March; 6 September 2010
Chambers, Arnold and Randerson JJ
CA193/2009; [2010] NZCA 404
31 March; 6 September 2010
Chambers, Arnold and Randerson JJ
Commercial law — Banking — Breach of mandate as banker — Bank declined to act on instructions from customer to disburse funds — Whether breach of mandate — Whether bank would have been liable for dishonest assistance if it released funds — Test for dishonest assistance.
Practice and procedure — Judgments — Interest on judgment sum — Whether interest should be awarded in the absence of proof of wrongdoer's gain or victim's loss — Judicature Act 1908, s 87.