There is no general 'postal rule' whereby posting a cheque constitutes payment on the date of posting; whether posting constitutes payment depends on the terms of the contract and surrounding circumstances. The postal acceptance rule for contract formation does not extend to a general rule about when payment is made. Undertakings to be bound by findings of a test case on 'common questions' do not preclude raising defences on issues not decided in the test case, but do preclude disproving factual findings made in the test case. Using evidence from a failed claim under one statutory regime to support a claim under a different statutory regime (here, Contracts Review Act) is not necessarily an abuse of process where the evidence is put to a substantially different forensic purpose.
The full text is available to signed-in members, including the 18 later cases that cite this judgment.
6 of the 18 citing cases carry a classified treatment. How each court treated it is available to signed-in members.