Premium Real Estate Ltd v Stevens; 6 Mar 2009

References: [2009] 2 NZLR 384, [2009] NZSC 15, (2009) 9 NZBLC 102
Links: Nzlii
Coram: Elias CJ, Blanchard, Tipping, McGrath and Gault JJ
Supreme Court of New Zealand – In relation to remoteness of damage, it was observed that the question of foreseeability in common law claims was effectively overtaken by the relationships out of which fiduciary duties arose, and that different policy considerations might affect remoteness of damage in cases of breach of fiduciary duty than in common law claims. But the necessity of demonstrating that a loss was caused by the claimed breach of fiduciary duty followed from the compensatory justification for the remedy.
This case is cited by:

  • Cited – AIB Group (UK) Plc -v- Mark Redler & Co Solicitors SC (Bailii, [2014] UKSC 58, [2014] 3 WLR 1367, [2014] WLR(D) 466, WLRD, Bailii Summary, UKSC 2013/0052, SC, SC Summary)
    The court was asked as to the remedy available to the appellant bank against the respondent, a firm of solicitors, for breach of the solicitors’ custodial duties in respect of money entrusted to them for the purpose of completing a loan which was to . .

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Last Update: 06-Nov-15 Ref: 554209