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RDG
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Prof. Rickett is
surely correct.
The point has also been considered in an Australian case concerning a
cheque wrongly debited to an account - Channon v E.S.& A. Bank (1918)
18 SRNSW 30 (see per Ferguson J at p.38). Once the relationship of banker
and customer is properly understood it can be seen that the NIB problem
has nothing to do with breach of contract or unjustified enrichment.
John Sheahan SC <== Previous message Back to index Next message ==> |
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