Bowkett v Action Finance Ltd - [1992] 1 NZLR 449

Equity — Fiduciary relationship — Advance to plaintiffs by finance company — Documentation completed in presence of legal executive — Legal executive acting for finance company — Legal executive clearly indicated not acting for plaintiffs and advised them to seek independent legal advice — Whether finance company directly owed fiduciary duty to plaintiffs — Whether finance company owed fiduciary duty to plaintiffs through agency of legal executive.

Equity — Unconscionable bargain — Advance to plaintiffs by finance company — Elements required to constitute unconscionable bargain — Whether unconscionable bargain established in circumstances — Whether finance company entitled to accept benefit of an unconscionable bargain.