Westpac New Zealand Ltd v MAP & Associates Ltd
[2011] NZSC 89
Citation 1
…ociates Ltd [2011] NZSC 89, [2011] 3 NZLR 751, a bank declined to comply with its customer’s instructions to make a payment and, when sued by the customer for breach of mandate, asserted in its defence that it reasonably believed that, by making the payment, it would have been dishonestly assisting in the commiss…
Stanford International Bank Ltd (in liquidation) (Appellant) v HSBC Bank Plc (Respondent)
[2022] UKSC 34
Citation 2
…uty”, which Lady Rose (who gave the majority judgment) described, at para 4, as: “a duty on the bank to refuse to comply with a payment instruction given by the person mandated by the customer to give such an instruction when the bank is on notice that the instruction may be part of a fraud on the customer, unles…
Singularis Holdings Ltd (in liquidation) v Daiwa Capital Markets Europe Ltd
[2019] UKSC 50
Citation 3
…s apparent that Baroness Hale of Richmond, who gave the only judgment in the Supreme Court with which the other Justices agreed, saw the duty as limited to a situation where a payment instruction is given to the bank by an agent of the customer. She said, at para 35: “The context of this case is the breach by the…
Twinsectra Limited v Yardley and Others
[2002] UKHL 12
Citation 4
…d v Yardley [2002] UKHL 12; [2002] 2 AC 164. Unless otherwise expressly agreed, a genuine or reasonable concern on the part of the bank that it might incur a legal liability by carrying out the instruction is not enough: the concern must actually be valid. In Westpac New Zealand Ltd v MAP & Associates Ltd [2011]…
East Asia Company Ltd v PT Satria Tirtatama Energindo (Bermuda)
[2019] UKPC 30
Citation 5
…Neuberger in the latter case: see PT Asuransi Tugu Pratama Indonesia TBK v Citibank NA [2023] HKCFA 3, para 20. I confess to some scepticism about this suggestion but, be this as it may, I am in no doubt that this court should adopt the statement of the law in East Asia and hold the correct test to be that a thi…
Royal Bank of Scotland International Ltd v JP SPC 4 & Anor (Isle of Man)
[2022] UKPC 18
Citation 6
…ed to a person who was not a customer in a contractual relationship with the bank but was the beneficial owner of funds held in the customer’s account. In Stanford International Bank Ltd v HSBC Bank plc [2022] UKSC 34, [2023] 2 WLR 79, this court upheld a decision to strike out a claim based on an alleged breach…