Court clarifies limitation period for fiduciary claims

Court clarifies limitation period for fiduciary claims

George v Sell Smart Bis Ltd [2019] NZHC 37

Recently, the High Court decided that a claim for breach of fiduciary duty against a mortgage broker was barred under the Limitation Act 1950 (the Act). The Court applied by analogy the limitation period that applies to contractual/tortious claims. This decision is very important in clarifying the time limit which will apply to claims for breach of fiduciary duty, such as acting in a conflict of interest or failing to act honestly in the client’s interests.

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Workplace manslaughter is rolled out further in Australia:  Is New Zealand next?

Workplace manslaughter is rolled out further in Australia:  Is New Zealand next?

Workplace manslaughter (also referred to as industrial/corporate manslaughter) has been an offence in the United Kingdom since 2008. Closer to home, Victoria and the Northern Territory have joined the Australian Capital Territory (ACT) and Queensland as the latest Australian jurisdictions to pass workplace manslaughter laws.

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