18 Mar 2021
TAIMOORI v ANMOL RESIDENTIAL LTD [2021] NZHC 533
- Citation
- [2021] NZHC 533
- Court
- High Court
The Court found a fiduciary relationship existed between the plaintiff and the second defendant given the inequality of roles, defendant's control of the development and plaintiff's reliance; the defendant breached that duty by failing to develop the property and failing to account for or repay investor funds (with documentary evidence relied on by defendant found unreliable, including a likely fabricated Gladstone Trust invoice); plaintiff entitled to restitution of $239,320 plus statutory interest and costs; the Fair Trading Act claim failed; no constructive trust over the property was decl…