Supreme Court of New Zealand Wellington
SC 23/2008; [2009] NZSC 15
13 November 2008; 6 March 2009
Elias CJ, Blanchard, Tipping, McGrath and Gault JJ
SC 23/2008; [2009] NZSC 15
13 November 2008; 6 March 2009
Elias CJ, Blanchard, Tipping, McGrath and Gault JJ
Equity — Fiduciary relationship — Real estate agent and vendor — Extent and nature of duties owed by agent — Misleading and incomplete information given to vendor in the matter of purchaser — Whether agent obliged to inform vendor that it had information it could not disclose.
Equity — Equitable remedies — Equitable compensation — Basis of calculation of quantum — Burden of proof of counterfactual.
Equity — Equitable remedies — Account of profit — Disgorgement of commission — Whether and when appropriate — Whether agent could be made to disgorge profit by client on resale of property.
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