24 Jan 2019
SHARMA and ORS v MUNDATH [2019] NZHC 24
- Citation
- [2019] NZHC 24
- Court
- High Court
Defendant owed fiduciary duties as trusted employee/agent across the Sharma Group and received substantial funds into bank accounts under his control. Forensic accounting evidence established that, after allowing arguable legitimate payments, excluded items and a maximum plausible cash-reimbursement allowance, there remained an adjusted minimum amount for which defendant had no arguable defence. Summary judgment was therefore granted in part for breach of fiduciary duty for NZD 4,696,758.31. The deceit claim failed on pleading and evidentiary grounds and summary judgment was denied for deceit.