Court of Appeal Wellington
CA212/2010; [2012] NZCA 124
7 March; 30 March 2012
Harrison, Wild and White JJ
CA212/2010; [2012] NZCA 124
7 March; 30 March 2012
Harrison, Wild and White JJ
Equity — Dishonest assistance — Whether dishonest state of mind determined by objective or subjective standard — Whether actual knowledge that transaction one which assistor could not honestly participate in required — Whether strong suspicion coupled with deliberate decision not to inquire further sufficient.
Law practitioners — Solicitors — Whether obligation to disburse funds in accordance with client’s instructions absolute — Whether defence to dishonest assistance — Law Practitioners Act 1982, s 89(1).
Practice and procedure — Costs — Indemnity costs on appeal.
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