10 May 2023
JAMES v LUXURY REAL ESTATE LIMITED [2023] NZHC 1104
- Citation
- [2023] NZHC 1104
- Court
- High Court
The appeal is dismissed: the High Court upheld the District Court's factual findings that the agent did not unequivocally repudiate the agency and that the principals had not established causative loss from alleged breaches; although the agent breached fiduciary duty by disclosing information without informed consent, that breach did not disentitle the agent to commission because the sale was completed in circumstances within the recognised exception where remuneration may be retained.