New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Proximity and vulnerability in fiduciary relations
  • 26 Aug 2020

    HEMI v TYLER [2020] NZHC 2166

    Citation
    [2020] NZHC 2166
    Court
    High Court

    On the plaintiff's unchallenged evidential material at interlocutory stage it was at least reasonably arguable that defendant owed fiduciary duties to the plaintiff because, despite corporate form, plaintiff and his partner in substance retained and exercised joint control and defendant accepted and acted under their direction; therefore summary judgment and strike out were inappropriate. The stay application based on duties being owed only to the partnership was rejected. Particular discovery of specified categories of communications and documents was ordered to enable assessment of claimed…