12 Feb 2014
SAMUEL AND SAMUEL (discontinued) v ANNAN LAW & ANOR [2014] NZHC 128
- Citation
- [2014] NZHC 128
- Court
- High Court
Macalister Mazengarb (through Mr Buxton) owed a general retainer and was negligent in failing to advise the Samuels, on the information available by mid‑July 2006, that they should consider cancelling the Blue Chip agreement; on the balance of probabilities the Samuels would have sought cancellation and Blue Chip would have allowed it, so the breach caused the loss (loss of chance); liability is apportioned 50:50 between Macalister Mazengarb and Annan Law under s 17 Law Reform Act 1936.