Premium Real Estate Ltd v Stevens

JurisdictionNew Zealand
Neutral Citation[2009] NZSC 15
Date2009
Year2009
CourtSupreme Court
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51 cases
  • Jeremy Hosking v Marathon Asset Management LLP
    • United Kingdom
    • Chancery Division
    • 5 October 2016
    ...EWHC 1776 (Ch) (where I held that management fees had been forfeited). 16 Commission was also held to have been forfeited in Stevens v Premium Real Estate Ltd [2009] NZSC 15, [2009] 2 NZLR 384, which concerned estate agents. The judgment given by three judges in the Supreme Court of New Zea......
  • HPOR Servicos De Consultoria Ltda v Dryships Inc.
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 13 December 2018
    ...agreed remuneration for a number of reasons. 64 HPOR points to the decision of the Supreme Court of New Zealand in Premium Real Estate Ltd v Stevens [2009] NZSC 15, [2009] 2 NZLR 384, which considered whether remuneration was a profit for which a fiduciary might be made to account, such tha......
  • AIB Group (UK) Plc v Mark Redler & Company Solicitors
    • United Kingdom
    • Supreme Court
    • 5 November 2014
    ...as set out in the passage which I have cited at para 89, was also accepted by Elias CJ in the Supreme Court of New Zealand: Premium Real Estate Ltd v Stevens [2009] NZSC 15; [2009] 2 NZLR 384, paras 34–36. In relation to remoteness of damage, it was observed that the question of foreseeabi......
  • Ruedi Staechelin v Aclbdd Holdings Ltd (a company incorporated in the Bailiwick of Jersey)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 14 May 2019
    ...of fiduciary (rather than merely contractual) duty. But it makes dishonesty the litmus test for forfeiture of commission. In Premium Real Estate Ltd v Stevens [2009] NZSC 15, [2009] 2 NZLR 384 the Supreme Court of New Zealand held that the law about forfeiture of commission was as stated i......
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1 firm's commentaries
  • The U.K. Supreme Court Revisits Equitable Compensation In Commercial Transactions
    • Canada
    • Mondaq Canada
    • 3 December 2014
    ...the Australian High Court (Pilmer v. Duke Group Ltd, [2001] HCA 31), the New Zealand Supreme Court (Premium Real Estate Ltd. v. Stevens, [2009] NZSC 15), and the Hong Kong Final Court of Appeal (Akai Holdings Ltd. v. Kasikornbank PCL [2011] 1 HKC 357 and Libertarian Investments Ltd v. Hall,......
2 books & journal articles
  • AN ACCOUNT OF ACCOUNTS
    • Singapore
    • Singapore Academy of Law Journal No. 2016, December 2016
    • 1 December 2016
    ...v New Zealand Guardian Trust Co Ltd[1999] 1 NZLR 664; Amaltal Corp Ltd v Maruha Corp[2007] 3 NZLR 192; Premium Real Estate Ltd v Stevens[2009] NZSC 15. 142[1997] 4 All ER 705. at 328–331. 143Swindle v Harrison[1997] 4 All ER 705, applied in Nationwide Building Society v Balmer Radmore[1999]......
  • Remedies for Breach of Trust
    • United Kingdom
    • The Modern Law Review No. 78-4, July 2015
    • 1 July 2015
    ...concerned breach of confidence; andHodgkinson vSimms [1994] 3 SCR 377, which involved breach of fiduciary duty due to conflict ofinterest.59 [2009] NZSC 15; [2009] 2 NZLR 384, cited in AIB n 1 above at [126]; Lord Reed explicitlyrecognised that the other New Zealand case upon which he relied, ......

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