10 Oct 2013
DYAS v DIEL [2013] NZHC 2645
- Citation
- [2013] NZHC 2645
- Court
- High Court
Appeal allowed: appellant not liable for equitable damages because the breach at auction was not material to the loss—the respondents were fully informed and chose to settle with knowledge of their rights before settlement—and s63(3) liability to repay commission is a statutory obligation of the commissioned agent (Realty), not the individual salesperson who did not receive commission; accordingly District Court judgments reversed and claims dismissed.
- Breach of fiduciary duty
- Repayment of commission under s63(3) real estate agents act 1976
- Valuation and s64 compliance
- Causation and affirmative defence in equitable compensation
- Quantification of loss