Nimmo v Westpac Banking Corporation - [1993] 3 NZLR 218

Trusts and trustees — Constructive trust — Knowing receiver: need for receipt to be for the benefit of the receiver — Knowing assistant: need for dishonesty on part of receiver — Liability for negligent or unconscionable action — Whether beneficiary able to recover from a third party — Tracing at common law.

Equity — Fiduciary relationship — Whether negligent fiduciary liable qua fiduciary.

Bankers and banking — Banker as constructive trustee — Cheque regular on its face — Nature of "trust account" - Banker's duty to seek confirmation in terms of mandate — Inadequate internal rules — Whether banker negligent.

Contract — Quasi-contract — Common law action for moneys had and received — Need for traceability as precondition to recovery — Whether electronic transfers, clearing house operations and book entries traceable.