17 Jul 2013
PRESCOTT v AUCKLAND COUNCIL [2013] NZHC 1799
- Citation
- [2013] NZHC 1799
- Court
- High Court
The returned invoice did not constitute a bill of exchange because it failed to identify the drawee and payee with the required certainty; the stamped wording and stamps did not create a clear offer capable of acceptance; silence by the Council did not amount to acceptance; accordingly the claim to recover amounts paid by the mortgagee failed and the appeal is dismissed.