4 May 2010
FAIRVIEW PARK LTD V HARRISON GRIERSON CONSULTANTS LTD HC AK CIV 2006-404-006588
- Citation
- openlaw-65c1384f_ac45_46f9_a2ff_559097f3b8e3.pdf
- Court
- High Court
On the facts pleaded the relationship between the parties was an arm's-length commercial contract for consultancy services and did not establish a fiduciary relationship imposing duties beyond the contractual obligations; consequently the proposed amendment pleading breach of fiduciary duty and related equitable fraud (paras 33–40) lacked a foundation and leave to include those paragraphs was refused, while other amendments were permitted. The court did not need to finally resolve the limitation issue because of that primary finding.