The plaintiff broadcaster sought partial summary judgment to enforce payment of two dishonoured post‑dated cheques issued by the defendant in connection with a sports broadcasting agreement.
The defendant argued that equitable set‑off should apply because the cheques were issued for services to be rendered and the dispute did not involve international commerce.
The court held that under the Bills of Exchange Act equitable set‑off is not available as a defence to an action on a dishonoured cheque, and that the rule applies regardless of whether the transaction involves international trade or services yet to be performed.
Partial summary judgment was granted for the value of the dishonoured cheques.
However, because the defendant’s counterclaim raised triable issues, execution of the judgment was stayed on condition that the defendant pay the judgment amount with interest into court.
