PRATLEY v COURTENEY [2020] NZHC 1636

PRATLEY v COURTENEY [2020] NZHC 1636

Section 161 does not preclude the court from deciding pure questions of law as to liability (including the scope of an indemnity for executor/trustee costs); the stay under s 161 only prevents adjudication of quantum/reasonableness that would trench on the Standards Committee's jurisdiction. The defendant's application for stay/dismissal was dismissed and the legal issue of indemnity may be argued subject to respecting the Law Society's role on quantum.

Citation
[2020] NZHC 1636
Parties
Plaintiff/respondent: Lance Howard Pratley; Defendant/applicant: Steven Courteney
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 July 2020
Procedural Posture
Recovery of Solicitor's Fees / Trust Administration Dispute / Interlocutory Application (stay/dismissal Under S 161 Lawyers and Conveyancers Act 2006)
Outcome
Application for stay/dismissal under s 161 dismissed; court may hear the legal issue of liability limited to the scope of indemnity; matters as to reasonableness/quantum remain for the Law Society and are not to be determined in the meantime.
Legal Topics
Indemnity for Executor Costs, Recovery of Solicitor's Fees, Stay of Proceedings Under S 161, Standards Committee Jurisdiction, Scope of Judicial Determination of Liability Vs Quantum
Trusts and Estates Legal Profession / Regulatory Law Civil Procedure Costs Law Indemnity for Executor Costs Recovery of Solicitor's Fees Stay of Proceedings Under S 161 Standards Committee Jurisdiction +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lance Howard Pratley

Plaintiff/respondent

Steven Courteney

Defendant/applicant

Procedural Posture

Recovery of Solicitor's Fees / Trust Administration Dispute / Interlocutory Application (stay/dismissal Under S 161 Lawyers and Conveyancers Act 2006)

Legal Issues

  1. 1 Whether s 161 of the Lawyers and Conveyancers Act 2006 bars the proceeding while a Law Society complaint about fees remains unresolved
  2. 2 Whether the court can determine liability (existence and scope of an indemnity) without determining quantum/reasonableness which is for the Law Society Standards Committee
  3. 3 Whether an indemnity for executor/trustee costs extends to costs incurred to establish that indemnity, including costs incurred after ceasing office

Ratio Decidendi

Section 161 does not preclude the court from deciding pure questions of law as to liability (including the scope of an indemnity for executor/trustee costs); the stay under s 161 only prevents adjudication of quantum/reasonableness that would trench on the Standards Committee's jurisdiction. The defendant's application for stay/dismissal was dismissed and the legal issue of indemnity may be argued subject to respecting the Law Society's role on quantum.

Court Disposition

Application for stay/dismissal under s 161 dismissed; court may hear the legal issue of liability limited to the scope of indemnity; matters as to reasonableness/quantum remain for the Law Society and are not to be determined in the meantime.

Orders

  • Application for stay of the proceeding under s 161 dismissed
  • All issues as to costs on the present application are adjourned pending ultimate determination of this proceeding