20 Sept 2021
SETH v TAIMOORI [2021] NZCA 474
- Citation
- [2021] NZCA 474
- Court
- Court of Appeal
On the facts the appellant personally owed a fiduciary duty to the respondent because of his conduct, position and the respondent's vulnerability; the appellant breached that duty by failing to apply the respondent's funds to the agreed development and failing to repay them; the appropriate remedy was restitution of $239,320 plus interest; the High Court's factual findings on credibility and likely forged documents were open to it and are upheld; the appeal is dismissed.