Witten-Hannah v Davis - [1995] 2 NZLR 141

Equity — Fiduciary relationship — Liability for breach of fiduciary duty — Agreement between solicitor and client for assistance in house purchase — Solicitor taking one-third share of title as tenant in common — Parties formerly in sexual relationship — No independent legal advice — Purchaser defaulting on mortgage after business failure — Whether solicitor liable for losses in respect of house — Whether purchaser would have entered agreement if property advised.

Damages — Exemplary — Breach of fiduciary duty by solicitor — Exemplary damages not pleaded or sought at trial — Whether exemplary damages should be awarded in addition to other relief.