Bills of ExchangeBanking & FinanceAgencyPersonal Liability
legislation
Statutes Cited
Bills of Exchange Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the respondents are personally liable on the cheque despite signing without expressly disclaiming personal liability","issue_type":"law","dispositive":"yes","related_facts":"Respondents signed cheque without \"p.p\" or \"for\"; company name and account number inscribed on cheque"}
{"issue_text":"Whether the inscription of company name and account number on the cheque is sufficient to exclude personal liability by inference","issue_type":"law","dispositive":"yes","related_facts":"Cheque clearly inscribed with name and bank account number of respondents' principal"}
{"issue_text":"Whether summary judgment should be granted where respondents have raised a triable issue","issue_type":"procedural","dispositive":"yes","related_facts":"Respondents pointed to a possible valid defence"}
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background
Facts of the Case
Background
Both respondents were employees and authorised signatories for Century Discount House Limited. They issued and signed a cheque for $757 024 582.47 on behalf of their employer without using qualifying words like "p.p" or "for" to indicate representative capacity. The cheque was dishonoured after Century Discount House was placed under provisional liquidation. The applicant sued the respondents in their personal capacities.
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