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SSC & B: Lintas New Zealand Ltd v Murphy - [1986] 2 NZLR 436

$30.00

High Court Wellington
19, 20, 21, 22, 25, 26, 27, 28, 29 November; 2, 3, 9, 10 December 1985; 4 March 1986
Prichard J
Equity — Tort — Misuse of confidential information — Breach of fiduciary duty — Conversion — Conspiracy — Managing director and creative director left advertising company to set up competing business taking staff and documents — Whether in setting up the new business there had been a misuse of confidential information gained while employed by the company — Whether managing director was in breach of his fiduciary obligations to the company — Whether staff had been induced to break their service contracts — Whether the taking of documents was conversion — Whether there had been an unlawful conspiracy against the company.
Contract — Breach — Employment contract — Managing director was advised that allowances were no longer to be treated as additional to salary — Whether this was a repudiation of an essential term of his employment contract — Whether managing director's termination of service without notice was justified — Whether duty of fidelity to company continued until company elected to treat the termination as discharging the contract.

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