PH ADAMS AND RD PETERSON V GROVE DARLOW AND PARTNERS HC AK CIV2004-404-1213

PH ADAMS AND RD PETERSON V GROVE DARLOW AND PARTNERS HC AK CIV2004-404-1213

The stand-alone argument that Seventh City Finance, not the Trust, suffered the loss did not establish on the balance of probabilities that the trustees cannot sue; material factual disputes (including whether the solicitor was complicit in Rutherford's misrepresentations and whether representations were made and relied upon) exist and cannot be resolved on affidavit evidence, therefore summary judgment for the defendant must be refused.

Citation
openlaw-e9c70d64_af54_4ce3_a17b_1eff81f79caa.pdf
Parties
Plaintiff/respondent Trustee: Paul Hunter Adams; Plaintiff/respondent Trustee: Richard Dale Peterson; Defendant/applicant: Grove Darlow and Partners
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 October 2006
Procedural Posture
Civil (trusts/torts) / Interlocutory Summary Judgment Application
Outcome
Summary judgment refused
Legal Topics
Deceit, Negligence, Solicitor Liability and Complicity, Real Party in Interest / Wrong Party, Limitation
Trusts Tort Deceit Negligence Civil Procedure Deceit Solicitor Liability and Complicity Real Party in Interest / Wrong Party Limitation

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Parties

Paul Hunter Adams

Plaintiff/respondent Trustee

Richard Dale Peterson

Plaintiff/respondent Trustee

Grove Darlow and Partners

Defendant/applicant

Procedural Posture

Civil (trusts/torts) / Interlocutory Summary Judgment Application

Legal Issues

  1. 1 Whether the trustees can establish deceit against the defendant solicitor (Allan)
  2. 2 Whether the trustees can establish a duty and breach in negligence against the defendant solicitor
  3. 3 Whether Seventh City Finance, not the P H Adams Trust, was the real party who suffered the loss

Ratio Decidendi

The stand-alone argument that Seventh City Finance, not the Trust, suffered the loss did not establish on the balance of probabilities that the trustees cannot sue; material factual disputes (including whether the solicitor was complicit in Rutherford's misrepresentations and whether representations were made and relied upon) exist and cannot be resolved on affidavit evidence, therefore summary judgment for the defendant must be refused.

Court Disposition

Summary judgment refused

Orders

  • Summary judgment application dismissed
  • Costs reserved (per NZI Bank Ltd v Philpott [1990] 2 NZLR 403)