Court of Appeal Wellington
1, 2, 17 December 1999
Richardson P, Gault and Tipping JJ
1, 2, 17 December 1999
Richardson P, Gault and Tipping JJ
Bankers and banking — Payment — Bank instructed to transfer money in pounds sterling to bank in Luxembourg — London agent paying money to London agent of Luxembourg bank — Whether transaction complete.
Bankers and banking — Payment — Bank instructed to transfer money to Luxembourg bank by telex — Alternative method used — Receiving bank going into liquidation shortly after payment — Whether payment method in breach of contract — Whether loss from method of payment too remote — Whether method of payment material cause of loss.
Contract — Implied terms — Bank instructed to transfer money to bank in Luxembourg — Bank reducing exposure to Luxembourg bank shortly before transfer — Whether implied term that bank to advise customer of risk.
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