Cigna Life Insurance New Zealand Ltd v Westpac Securities Ltd - [1996] 1 NZLR 80

Trusts and trustees — Constructive trust — Theft of moneys lodged with a money market operator by a trusted servant — Whether there was reckless disregard or failure to make inquiries by the operator amounting to conscious impropriety giving rise to breach of a constructive trust.

Tort — Negligence — Whether a duty of care existed in relation to alleged matters of suspicion — Whether a duty of care existed by a third party acting innocently and passively.