16 May 2016
ANTONS TRAWLING LTD v DAWSON & ASSOCIATES LTD [2016] NZHC 982
- Citation
- [2016] NZHC 982
- Court
- High Court
Although Dawson & Associates breached the duty of care by failing to identify and advise the client about the materially disadvantageous change to the mortgage clause in Annex 3, any cause of action based on that failure accrued when Annex 3 was signed (July 2008) and is therefore statute-barred under the six‑year limitation; the defendant's advice and release of funds in October 2008 were not negligent because funds were disbursed under a joint remittance authority and there was no clear legal basis to retain them, so the plaintiff's claim fails in its entirety.
- Scope of retainer
- Duty of care of solicitors
- Drafting and interpretation of mortgage clauses
- Release of funds from solicitor trust account
- Accrual of cause of action / limitation
- Causation and loss of a chance