9 Oct 2019
PERERA v SINGH [2019] NZHC 2571
- Citation
- [2019] NZHC 2571
- Court
- High Court
The oral Agency Agreement and the later Power of Attorney/Deed created fiduciary obligations owed by the defendants to the plaintiff; defendants breached those duties by making numerous unauthorised withdrawals and transfers, failing to account and pay over rental income, improperly withdrawing insurance funds and failing to pay premiums and maintain adequate accounts; the relationship was not a binding commercial contract for Limitation Act purposes; equitable compensation was appropriate to restore plaintiff to the position he would have occupied but for the breaches and the court awarded d…