New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Cancellation of retainer and payment under ccla
  • 3 Nov 2022

    SHARMA v FOSTER-BOHM [2022] NZHC 2871

    Citation
    (2022) 19 NZELR 376
    Court
    High Court

    The District Court judgment was correct: the unjustified dismissal grievance was time-barred on the facts (termination dated 7 August 2015), Ms Sharma was negligent in failing to ensure the grievance was filed or to seek an extension or advise independent advice once she became aware of the risk, the respondents suffered compensable loss assessed as loss of a chance (court assessed a 75% chance and awarded damages accordingly), and the respondents validly cancelled the retainer such that they were not obliged to pay for negligently rendered legal services under ss 42–43 CCLA; the High Court d…

    • Personal grievance
    • Unjustified dismissal
    • Time limits and extension of time
    • Professional duty of care and breach
    • Cancellation of retainer and payment under ccla
    • Admissibility of expert evidence