Thornton Estates Limited v Cavell Leitch Pringle & Boyle - SC 44/2008

Civil – Breach of fiduciary duty – Breach of duty of care – Negligence – Whether the Court of Appeal erred in finding that there was no basis to intervene to remedy a breach of a fiduciary duty – Whether the Court of Appeal was wrong to find that there is no breach of duty or negligence where a solicitor fails to provide in a contract for passing of risk where the contract provides for a passing of risk when there is a transfer of property – Whether the Court of Appeal was correct in finding that there was no breach of duty by the respondent when it failed to give advice to the appellant on the passing of risk.[2008] NZCA 191 CA 500/07 27 June 2008