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147:"It seems that there is some onus on a creditor wishing to escape the consequences of the general rule that an inference is to be drawn from the banking of the cheque in favour of the debtor; the creditor should very promptly indicate its dissent from the basis on which the cheque was sent".
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By banking the debtor's cheque, Kiwi
Packaging in effect consented to the terms attached to the cheque. Accordingly, the judge ruled that accord and satisfaction occurred, resulting in the debt being legally extinguished upon the creditor's banking of the cheque. Barker J said:
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Homeguard thought the balance was even less than these amounts, with their calculation being for $ 765.97, and as a consequence, sent Kiwi
Packaging a cheque for $ 765.97 with a note attached saying this amount was tendered "in full settlement of our account".
126:
materials. For unexplained reasons, a dispute arose between the parties just what the final balance owing was. This was not helped by Kiwi
Packaging giving different amounts as the final balance, ranging from $ 901.84 to $ 1,187.60.
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Kiwi
Packaging, despite banking the cheque, sued Homeguard for the balance of $ 136 in the District Court, and won judgment for the balance remaining. Homeguard appealed to the High Court.
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tendered as full settlement of disputed accounts. The High Court ruled that by banking the debtor's cheque, Kiwi
Packaging consented to the terms attached to the cheque.
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Homeguard
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The court was silent on just how long "promptly" might mean.
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Homeguard
Products (New Zealand) Ltd v Kiwi Packaging Ltd
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Homeguard
Products (New Zealand) Ltd v Kiwi Packaging Ltd
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168:Gerbic, Philippa; Lawrence, Martin (2003).
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197:(4th ed.). LexisNexis. p. 55.
195:Butterworths Student Companion Contract
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122:Kiwi Packaging supplied Homeguard with
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225:High Court of New Zealand cases
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240:New Zealand contract case law
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193:Walker, Campbell (2004).
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124:packaging
138:Decision
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61:Citation
112:cheques
108:banking
53:Decided
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100:NZLR
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