Read the full judgment text of HCA 001330/1977 on BabelCite. This High Court CFI judgment was delivered on 11 October 1979.
1. This case turns mainly on credibility. The plaintiff sues on five dishonoured cheques totalling $42,278. The defendant says no consideration was given for these cheques. The burden is on the defendant to show that. He says the cheques were lent to the plaintiff as security for a loan which the plaintiff was to obtain from a third party. In his Reply the plaintiff says the cheques were in payment of the balance of the price of cloth supplied by him to the defendant in January 1976. Delivery of