103 The application of the principle to professional people, in particular to professional advisers, and to relationships arising in a commercial context, can be found in Elliott and Ors v Ivey where Sperling J found that an agricultural and management consultant engaged by the applicant to provide advice for a fee was subject to a duty of confidence. The circumstances were as follows: in the primary proceedings the State Bank of NSW sued members of the Elliott family for debt and for possession of mortgaged property. The Elliotts defended the proceedings in reliance upon cross-claims. The gist of the case under the cross-claims was that a property "Grove Hill", which adjoined the Elliotts' existing holding, "Ercildoune", was acquired in 1983 with the whole of the purchase price being provided by the Bank, allegedly in reliance upon encouragement and assurances of viability by the Bank, whereas the acquisition allegedly rendered the enterprise as a whole unviable. The application before Sperling J was brought by the Elliotts and sought orders restraining the Bank from calling Mr Ivey, an agricultural and a management consultant, and from tendering in evidence his statement or report. A further order was sought restraining Mr Ivey from disclosing to the Bank any confidential communication by the Elliotts relating to their farming business or their dealing or relationship with the Bank. Mr Ivey had been retained through the NSW Rural Assistance Authority to advise with respect to the Elliott's farming business. He attended their property, spoke with members of the Elliott family, was shown certain documentary material and inspected the property. He sent his report to the Elliotts and to the Authority.