Zurich Australian Insurance Ltd v Withers - [2017] 2 NZLR 745

Insurance — Professional indemnity cover — Exclusion clause — Whether insured entitled to indemnity — Whether acted dishonestly — Subjective and objective inquiries required.

Commercial law — Fair Trading Act 1986 — Financing arrangement — Misrepresentations — Damages — Basis for assessing compensation — Whether agent’s conduct attributable to principals — Contribution to loss — Whether equal apportionment of losses between principals and accountant unreasonable — Fair Trading Act 1986, ss 9 and 43.

Professions — Chartered accountant — Degree of trust reposed by public — Standards of honesty higher than expected of ordinary person — Whether conduct that of prudent and honest accountant.