Catchwords
Contract – Loan - Written agreement and prior oral agreement - Written agreement inconsistent with terms of alleged prior oral agreement - No allegation of mistake or claim to rectification - Borrower bound by written agreement.
Contract – Loan - Direction to lender to apply money lent in payment of moneys due from borrower to third party - Series of connected and legally effective transactions creating and satisfying debts - One of those transactions satisfying amount due from borrower to third party - No payment by cheque or cash - Does a loan require the transfer of "real money" - Whether loan made as agreed.
Practice and Procedure – Appeal and new trial - Remitter for further consideration.