1 May 2007
TRUSTEES EXECUTORS LIMITED V MURRAY & ORS SC 15/2006
- Citation
- TRUSTEES EXECUTORS LIMITED V MURRAY & ORS SC 15/2006
- Court
- Supreme Court
The Supreme Court held that the cheque delivered and received in good faith qualified as a deemed payment under s37(2)(a) of the Securities Act 1978 so the allotments were valid; s28 of the Limitation Act did not postpone the limitation periods on the pleaded facts; the Court refused to adopt a universal judge-made doctrine of reasonable discoverability for accrual under the Limitation Act (leaving any broad reform to Parliament), but recognised narrow, context-specific exceptions in prior authorities; accordingly causes of action dependent on invalid allotment were struck out (causes 7,8,9)…