Amaltal Corporation Ltd v Maruha Corporation - [2007] 3 NZLR 192

Equity — Fiduciary relationship — Parties to commercial joint venture switching from partnership to company — One party undertaking accounting and tax dealings for jointly owned company — Whether relationship generally of fiduciary nature — Whether fiduciary duties assumed in respect of accounting and tax — Offset of incontrovertible benefit.

Equity — Set-off — Whether defaulting fiduciary had conferred benefit to be offset — Onus of demonstrating incontrovertible benefit.

Equity — Equitable defences — Contributory negligence — Whether carelessness of victim partial defence to fraud.