Cook v Evatt (No 2) - [1992] 1 NZLR 676

Equity — Fiduciary relationship — Breach of fiduciary duty — Financial adviser and client — Plaintiff, relying on defendants for impartial financial advice, purchased two flats in which defendants had financial interest — Defendants did not disclose interest and made substantial profit — Whether defendants owed fiduciary duty to plaintiff — Whether defendants were in breach of that duty — Whether defendants held property as constructive trustees for plaintiff — Whether plaintiff was entitled to recover secret profit — Whether defendants should pay exemplary damages.

Damages — Exemplary — Breach of fiduciary duty — Defendants were in breach of fiduciary duty to plaintiff — Whether exemplary damages should be awarded to plaintiff in addition to other relief.