New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Equitable compensation (loss of chance)

Legal area

Court

17 Apr 2019

PANGANI PROPERTIES LTD v G R LLOYD [2019] NZHC 863

Citation

[2019] NZHC 863
Court

High Court

Court ordered interest as agreed; costs awarded largely on a 2B basis for all steps but uplift to 2C only for preparation of briefs/affidavits to reflect extra work in obtaining third‑party remote evidence; certification for second counsel declined; no increased costs awarded under Calderbank principles because defendants' refusals were not unreasonable given the risks and overstated pleadings; private investigator fees disallowed as disbursement but uplift to 2C granted to account for extra effort; solicitor witness fees (Ms Thomas) allowed as a disbursement; directors' travel/accommodation…
6 Aug 2018

PANGANI PROPERTIES LTD v LLOYD [2018] NZHC 1982

Citation

[2018] NZHC 1982
Court

High Court

The Court held the agents breached fiduciary duties by failing to disclose NZ Post's interest and by acting for conflicting interests; the commission on PPL's sale to Zambora ($63,150 net) must be restored; PPL is entitled to equitable compensation for the lost chance of securing NZ Post (assessed at $650,000) and for costs incurred pursuing the CAC complaint (assessed at $100,000); later commissions were not disgorged because PPL elected loss-based relief and remedies were inconsistent; interest and costs directions reserved.