Estate Realties Ltd v Wignall - [1992] 2 NZLR 615

Equity — Fiduciary relationship — Acquisition of property by fiduciary in breach of fiduciary duty — Effect thereof — Creation of constructive trust — Extent of liability of fiduciary to account — Matters to be taken into account in assessing amount payable by constructive trustee.

Trusts and trustees — Constructive trust — Extent of liability of constructive trustee to account — Matters to be taken into account in assessing amount payable by constructive trustee.

Partnership — Breach of fiduciary duty in ordinary course of business — Liability of innocent partner — Whether liable as constructive trustee in absence of knowledge as to how trust arose — Partnership Act 1908, ss 12, 13 and 16.

Practice and procedure — New trial — Alleged availability of fresh evidence — Requirements justifying new trial — High Court Rules, R 494.