8 Dec 2014
MOUNT v INDEPENDENT FINANCIAL CONSULTANTS LTD CA39/2014 [2014] NZCA 600 [8 December 2014]
- Citation
- [2014] NZCA 600
- Court
- Court of Appeal
The Court held that the Mounts owed a fiduciary duty to each respondent and that the forensic accountant's reconstructed trust ledgers were sufficiently reliable, comprehensive and cross-checked to establish there was no tenable defence on the fiduciary duty claims; accordingly summary judgment was appropriate. Minor arithmetical or documentary discrepancies did not undermine the overall reconstructions, but limited reductions were ordered where specific errors or omissions were established.