New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Dishonoured cheques

Legal area

Court

17 Dec 2015

F & C BYRNE trading as Frank Byrne Builders v Rose [2015] NZHC 3288

Citation

[2015] NZHC 3288
Court

High Court

Plaintiffs succeeded on the strong claim constituted by the two dishonoured cheques and are therefore entitled to costs; the withdrawal of the balance of the claim was prudent and the without prejudice save as to costs offer was fair but did not justify an uplift because the costs scale governs awards and building contract summary judgment claims frequently warrant caution; accordingly costs on scale were awarded but no uplift.
10 Dec 2015

F Byrne & C Byrne v Rose [2015] NZHC 3148

Citation

[2015] NZHC 3148
Court

High Court

Defendant failed to establish any tenable defence to actions on the two dishonoured cheques: evidence did not support total failure of consideration; alleged partial failures were not shown to be liquidated sums directly attributable to the invoiced amounts; duress was not established; GST overcharge did not justify stopping payment. Consequently summary judgment entered for plaintiffs for the face value of the two cheques with interest.