CONVERSION - Deposit of cheques drawn in favour of plaintiff into trust account of plaintiff's accountants contrary to plaintiff's instructions - Accountants guilty of conversion of cheques but no damages caused by conversion.
EQUITY - FIDUCIARY DUTY - Deposit of cheques drawn in favour of plaintiff into trust account of plaintiff's accountants contrary to plaintiff's instructions - Accountants guilty of breach of fiduciary duty owed to plaintiff but no damages caused by breach.
NEGLIGENCE - DUTY OF CARE - In particular circumstances, accountants owed positive duty in tort to plaintiff to advise (inform) plaintiff of nature of proposed interest bearing investment to be made on plaintiff's behalf including investment risk involved - Breach of duty by accountants causing loss to plaintiff - Accountants liable in damages for loss.
CONTRIBUTORY NEGLIGENCE - In particular circumstances plaintiff contributed to loss as to 15%.
Case Details
Citation[1999] NSWSC 992
CourtNSWSC
JurisdictionNew South Wales
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