13 Apr 2010
The court found the defendant had signed and understood the Loan Agreement, was an agent not an employee, failed to prove misrepresentation induced his signature, and therefore under the Loan Agreement's repayment clause (termination within 36 months) the defendant was liable to repay $140,000 to the plaintiff.
19 Jun 1987
The court held that regardless of the label 'advance' or 'loan', the defendant was indebted to the company and, on his leaving employment, an implied term (or on demand) required settlement; consequently the company was entitled to recover the sums claimed (limited on appeal to $23,100) and the defendant's defence that the sums were not repayable until dividends were declared failed.
12 Dec 1979
On the balance of probabilities the plaintiff proved that the $28,271 was a loan to the defendant repayable to the plaintiff (and immediately payable on termination); the solicitors' letters and the cashier's unchallenged evidence tipped the balance in favour of the plaintiff, therefore judgment was entered for the plaintiff on the claim and for the defendant on his admitted counterclaim for commission to be quantified.