High Court Wellington
16, 17 September; 21 October 1998
Penlington and Hammond JJ
16, 17 September; 21 October 1998
Penlington and Hammond JJ
Law practitioners — Conflict of interest — Acting for lender and borrower — Breach of fiduciary duty — Failure to advise over alternative forms of security for an advance — Parties only given opportunity for independent advice — Contributory conduct by client.
Equity — Fiduciary relationship — Requirement to explain any conflict of interest to clients — Ramifications of conflict — Clients appreciate conflict — Obtain informed consent of clients to act — Opportunity for independent legal advice not sufficient.
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