High Court Wellington
14, 15, 18, 19, 20, 21, 26, 27, 28, 29 March; 1, 2, 3, 30 April 1985
Davison CJ
14, 15, 18, 19, 20, 21, 26, 27, 28, 29 March; 1, 2, 3, 30 April 1985
Davison CJ
Equity — Misuse of confidential information — Breach of fiduciary duty — Use of business opportunity for personal gain without company's consent — Shipping company investigated possibility of obtaining a ship for a particular shipping service — Consultant marine engineer inspected vessels and recommended a particular ship — Company director was involved in planning and approving the possible charter of the recommended ship — Company negotiated with shipowner — Before company made its final decision, the director, the engineer and the shipowner set up a business in competition and chartered the ship — Whether the director and the engineer were in breach of a fiduciary duty to the company — Whether the director had used the company's business opportunity for his personal benefit — Whether the director had misapplied company property — Whether the director, the engineer and the shipowner had misused confidential information — Whether an injunction should be granted to prevent the director, the engineer and the shipowner from competing with the company.
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