There is one exceptional case. Some facilities provide a credit card facility that does not permit cash advances and, of course, does not permit cash deposits. This case does not appear to be considered by the AGS opinion. Of course, with anything so obvious there is bound to be an argument against it. It appears that this argument is meant to be taken seriously.
Most people seem to agree that it is a question of fact.
Similarly, when the ADI in fact makes the payment, one would have thought that it was acting on that instruction. This is a common practice when an account is in difficulty. Further, since we are concerned here with facts, consider what latitude the FI really has in this process. I know Smith. He's a good guy.