Court of Appeal Wellington
19 October; 15 December 1995
Cooke P, Richardson, Gault, Thomas, McGechan JJ
19 October; 15 December 1995
Cooke P, Richardson, Gault, Thomas, McGechan JJ
Company law — Legal proceedings — Claim by guarantors of company's liability — Guarantors also sole shareholders of company — Whether guarantors could claim for diminution in value of their shares in company as a result of the negligence or breach of fiduciary duty by professional advisers — Guarantors also sole shareholders of company — Professional advisers also professional advisers to company — Whether defendants owed claimants duty of care as individuals — Whether loss suffered by company could also be personal loss by individual — Whether in light of settlement between company and defendants, proceedings an abuse of process.
Negligence — Duty of care — Professional advisers — Professional advisers to both company and guarantors of company's liability — Whether duty of care owed separately to company and guarantors — Whether professional advisers liable in negligence for guarantors' loss when claim settled with company.
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