24 Oct 2019
WHITE v ALLEN [2019] NZHC 2717
- Citation
- [2019] NZHC 2717
- Court
- High Court
Plaintiff failed to prove the key factual assertions that the GRT signed the 3B1 agreement with clause 6 intact and that clause 6 was deleted afterwards by the vendor; the court found Madeg's signed version already had clause 6 deleted. The defendant's retainer remained in force but was limited by late instructions received on 9 November 2011; trustees instructed urgent settlement, understood building issues and waived delay to inspect s147 certificates. Consequently there was no breach by the solicitor that caused recoverable loss; the plaintiff's claims accordingly fail.