ABSTRACT
This article gives a concise account of both principle and recent case law on the subject of personal remedies for breaches of trustees’ duties. The first part focuses on the liability of the trustee, the second on the liability of third parties who have a connection to the breach. The first part addresses reinstatement and compensation remedies for breach of trust, monetary remedies for disloyalty and breach of fiduciary duty, and damages for breaches of the duty of care and skill. The second part addresses aspects of the actions for knowing receipt and dishonest assistance in a breach of fiduciary duty, and the liability of third parties who are connected to the wrongful diversion of business opportunities by a fiduciary.
Watts, Peter G, A Concise Treatment of Personal Remedies for Breach of Trustees’ Duties (July 1, 2022). This is a pre-print version of an article that appeared in [2022] New Zealand Law Review 101. It has not been updated to take account of cases decided since 2022.
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