5 Oct 1984
GOBIND MOHAN AND ANOTHER v. BRIAN SHANE MCELNEY AND OTHERS
- Citation
- GOBIND MOHAN AND ANOTHER v. BRIAN SHANE MCELNEY AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA4611/1978
On the pleaded facts there was no actionable wrong by the bank: the bank was entitled to insist on a minimum price to release its mortgage and no general duty exists forbidding a banker from making such demands; the pleaded allegation of 'wrongfully insisted' did not disclose a cause of action and the claim against the 4th defendant must be dismissed.