New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Interest on unpaid fees

Legal area

Court

25 Oct 2019

SMITH v CLAIMS RESOLUTION SERVICE LTD [2019] NZHC 2738

Citation

[2019] NZHC 2738
Court

High Court

By a close margin the court granted leave to appeal the High Court's interlocutory orders of 12 February 2019 and 9 May 2019 because the defendants' grounds raised arguable, not frivolous, issues of sufficient importance — including novel questions about using r4.24 where represented parties share a common defence — and an extension of time for the one day late filing was warranted; leave to cross-appeal on two specified rulings was also granted.
6 Dec 2010

P PAGE V P HENDRA HC PMN CIV-2009-454-772

Citation

openlaw-e6b6211d_0139_4d6f_88bd_8e61d622aa34.pdf
Court

High Court

Fitzherbert Rowe were validly instructed by Davis O'Sullivan on behalf of Aviation Property; the invoice of $25,097.22 was reasonable given the urgency and complexity; the terms of engagement containing 16% p.a. compounding interest were valid and applicable after parties were warned and did not secure payment by the concession date; accordingly Fitzherbert Rowe are entitled to the principal and accrued compounding interest and payment must be made from Aviation Property funds with $5,000 plus GST retained for future settlement costs.