Tuiara v Frost & Sutcliffe (a firm) - [2003] 2 NZLR 833

Law practitioners — Negligence — Duty of care — Solicitor acting for both parties — Nature of duty to each party when potential conflict of interest — Solicitor under duty to refuse to act.

Tort — Negligence — Duty of care — Solicitor acting for both parties — Nature of duty to each party in potential conflict of interest — Whether solicitor under duty to refuse to act.

Equity — Fiduciary relationship — Solicitor acting for both parties — Nature of solicitor's fiduciary duty — Nature of duty to each party when potential conflict of interest — Whether circumstances in which fiduciary duty cannot be limited by retainer.

Contract — Formation — Retainer between lawyer and client — Whether terms of contract limit duties owed.

Law practitioners — Conflict of interest — Acting for lender and borrower — Failure to advise of risks of transactions — Parties given limited opportunity for independent advice — Whether duties breached.

Tort — Deceit — Elements of the tort — Whether defendant knew representation misleading.

Fair Trading Act 1986 — Misleading and deceptive conduct — Whether duty to be candid arose given relationships between the parties.