Court of Appeal Wellington
25, 26 May 1992
Cooke P, Gault and Anderson JJ
25, 26 May 1992
Cooke P, Gault and Anderson JJ
Equity — Fiduciary relationship — Entrusting property to another for authorised use — Unauthorised use of property — Liability of person knowingly assisting in breach of fiduciary duty — Whether compensatory damages for breach of fiduciary duty sufficient — Whether general and/or exemplary damages available.
Damages — Exemplary — Commercial litigation — Breach of fiduciary duty — Whether damages for injury to feelings and for stress available — Whether compensatory damages sufficient punishment for breach.
Injunction — Interim injunction — Breach of fiduciary duty — Observations as to whether interim injunction appropriate and as to appropriate length of time for interim injunction — Undertaking as to damages — Observations as to taking interim injunction into account on fixing damages.
Tort — Deceit — Procuring commission of tort by another — Representation — Continuing course of conduct — Whether constituting deceit.
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