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Goldsbro v Walker - [1993] 1 NZLR 394

$30.00

Court of Appeal Wellington
24, 25, 26 August 1992
Cooke P, Richardson and Hardie Boys JJ
Agency — Liability of agent — Principal's instructions to agent solicitors that apparent purchaser had initialled alteration to agreement — Initials forged by principal without agent's knowledge — Solicitors passing on instructions to third party — Whether solicitors acting merely as conduit — Whether solicitors acting as conduit responsible for misleading nature of instructions — Whether solicitors engaging in misleading conduct by adopting and adding to instructions.
Commercial law — Fair Trading Act 1986 — Wrongful conduct contributing to damage — Whether common law rules as to liability of joint tortfeasors applied to Act — Whether Court empowered to order payment by wrongdoer of less than full amount of damage — Whether Court empowered to refuse to make any order for payment against wrongdoer — Observations as to meaning of "engage in conduct" - Observations as to nature of misleading conduct — Fair Trading Act 1986, ss 2(2), 9 and 43(2)(d).
Law practitioners — Solicitors as agent — Liability of agent solicitors — Principal's instructions to agent solicitors that apparent purchaser had initialled alteration to agreement — Initials forged by principal without agent's knowledge — Solicitors passing on instructions to third party — Whether solicitors acting merely as conduit responsible for misleading nature of instructions — Whether solicitors engaged in misleading conduct by adopting and adding to instructions — Liability of solicitors.

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