New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Claims waiver
  • 24 Jun 2020

    Norris Ward McKinnon v Skelton [2020] NZHC 1445

    Citation
    [2020] NZHC 1445
    Court
    High Court

    Summary judgment was granted in part for the plaintiff because the defendant lacked arguable defences to the bulk of the fees claim (including no arguable fiduciary breach and no credible oral fee-waiver); the LCRO decision did not preclude litigation of liability issues; however some allegations (failure to warn of the scale of costs exposure to the opposing party on the Queensland stay and certain pleading deficiencies causing the adjournment) raised arguable losses and set-offs which must proceed to trial or quantification, including an arguable AUD set-off of up to AUD 115,616.97 and wast…