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Court of Appeal Wellington
CA 31/07; [2008] NZCA 82
25 September 2007; 11 April 2008
O’Regan, Arnold and Wilson JJ
CA 31/07; [2008] NZCA 82
25 September 2007; 11 April 2008
O’Regan, Arnold and Wilson JJ
Commercial law — Fair Trading Act 1986 — False and misleading conduct — Whether failure of agent to disclose ongoing relationship with third party amounted to misleading or deceptive conduct — Fair Trading Act 1986, s 9.
Agency — Duty of disclosure — Real estate agent had ongoing relationship with purchaser and knowledge he was speculator — Whether disclosure required.
Equity — Fiduciary relationship — Breach of duty by agent — Whether failure of agent to disclose ongoing relationship with third party failure of duty to disclose conflict of interest.
Equity — Equitable remedies — Whether appropriate to order disgorgement of benefit conferred on third party — Damages for breach of fiduciary obligations — Loss — Method of calculation of damages.