12 Nov 2002
The cheque was an unconditional bill of exchange; the defendant's pleaded conditions did not alter delivery or payment and were inadmissible to vary the instrument; no properly pleaded or evidenced conditional delivery/escrow existed; therefore the defence could not succeed and judgment for the plaintiff was warranted.
10 Jan 2000
A director who signs and delivers corporate cheques while in control of the company represents they will be honoured; where such a director dishonestly causes the company to default (including by stopping payment to force commercial concessions) the director is personally liable — on proven facts the 1st Defendant was dishonest and is personally liable for the sums claimed.
16 Mar 1997
The court accepted the independent accountant's calculations and found the defendant entitled to the counterclaim sum of $129,540 with interest from 1 April 1993 at 10% and thereafter at judgment rate; the Company unlawfully terminated the claimant's contract and was liable for damages assessed at $993,318.86; there was no sustainable cause of action against the director personally for the Company's contractual breach and the claim against her was struck out; costs and interest orders were made accordingly.
8 Oct 1992
The non-disclosure of the plaintiff's scrap disposal arrangements was not material to the ex parte judge's weighing because the evidence showed the goods offered to the informant were not scrap; alternatively, even if material, the court would exercise its discretion to continue the injunctions because there was prima facie evidence of unlawful procurement, conversion and risk of dissipation and directors could be personally liable; accordingly the application to discharge the injunctions was refused.