Premium Real Estate Ltd v Stevens
Jurisdiction | New Zealand |
Neutral Citation | [2009] NZSC 15 |
Date | 2009 |
Year | 2009 |
Court | Supreme Court |
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51 cases
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Jeremy Hosking v Marathon Asset Management LLP
...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......
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HPOR Servicos De Consultoria Ltda v Dryships Inc.
...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......
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AIB Group (UK) Plc v Mark Redler & Company Solicitors
...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......
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Ruedi Staechelin v Aclbdd Holdings Ltd (a company incorporated in the Bailiwick of Jersey)
...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
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The U.K. Supreme Court Revisits Equitable Compensation In Commercial Transactions
...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
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AN ACCOUNT OF ACCOUNTS
...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]......
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Remedies for Breach of Trust
...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, ......