New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Fiduciary duty of solicitors

  • 10 Sept 2014

    WENDY JOY PERRIAM v LAWRENCE ERNEST WILKES [2014] NZHC 2192

    Citation
    [2014] NZHC 2192
    Court
    High Court

    The fourth amended statement of claim was struck out because it failed to plead a reasonably arguable cause of action: it lacked necessary particularisation and a causal link between the defendants' conduct and the alleged losses; the transfers to trusts were lawful corporate/business restructures (permitted by s19) and the losses flowed from the Perron Group's business failures, not from actionable misconduct by Macalisters, so strike-out was justified.

    • Relationship property
    • Fiduciary duty of solicitors
    • Constructive and resulting trusts
    • Strike-out for failure to disclose reasonably arguable cause of action
    • Causation of loss
    • Non-disclosure

  • 16 Sept 2011

    ROBERT HUBERT BOSOMWORTH AND DOREEN MARGARET BOSOMWORTH V KEITH WALLACE PHEASANT HC TIM CIV 2010-476-000250

    Citation
    openlaw-3e07ddab_b2af_492c_8ef4_621e5ce2264d.pdf
    Court
    High Court

    Summary judgment was refused because material factual disputes existed about whether the plaintiffs' subscription payments were made on terms sufficiently clear and unequivocal to create a Quistclose-type trust and about Dean's knowledge and role; claims alleging fiduciary duties, causation and remoteness raise issues unsuitable for determination on a summary judgment application, so the plaintiffs' applications could not succeed at that interlocutory stage.

    • Quistclose trust
    • Fiduciary duty of solicitors
    • Misleading or deceptive conduct s9 fta
    • Summary judgment principles
    • Certainty of trust terms
    • Overseas investment act implications