17 Dec 2014
Marr v Parkin [2014] NZHC 3269
- Citation
- [2014] NZHC 3269
- Court
- High Court
The court held for the defendant. It found an agency/fiduciary relationship initially existed but was limited to bidding and settling using Marr's funds and effectively terminated (or permitted change of position) when it became clear Marr could not secure finance; nomination of Parkin was contemplated and not a breach of fiduciary duty; the 2 August 2013 agreement relied on by plaintiffs was not genuine; Parkin did not have the requisite knowledge to make retention unconscionable so knowing receipt failed; no consumer credit contract or security interest existed between Marr and Parkin so CC…