Official Assignee of Collier v Creighton - [1993] 2 NZLR 534

Practice and procedure — Limitation of proceedings — Claim for breach of fiduciary duty — Whether based on fraud — Limitation period commencing upon discovery of the facts constituting the cause of action — Whether plaintiff knew or could have discovered all the facts more than six years before proceedings issued — Limitation Act 1950, s 28.

Law practitioners — Practitioner and client — Conflict of interest — Solicitor acting in property transaction in which he had a continuing interest which was not disclosed to the client — Solicitor later acquiring the property — Whether breach of fiduciary duty.

Equity — Fiduciary relationship — Observation as to remedies for breach of duty — Solicitor acted for client on property transaction while having an interest in acquiring the property — Solicitor later acquiring the property — Solicitor not using position to his advantage — Whether proprietary remedy appropriate — Whether constructive trust necessarily imposed.