6 Sept 2011
WYNN WILLIAMS & CO V KAIN HC CHCH CIV-2010-409-002772
- Citation
- openlaw-35a0b47f_378c_44bf_aa2a_28120ef8afe0.pdf
- Court
- High Court
The court held that s161 does not preclude inquiry into defenses other than matters of quantum determined by the Standards Committee; on the facts a binding success fee agreement was concluded on 18 June 2007; the agreement was not unlawful or champertous; the negligence set-off was implausible and untenable on the evidence; the arrangement was not a consumer credit contract attracting CCFA disclosure obligations; no proper basis existed to exercise the residual discretion to refuse summary judgment; summary judgment for the plaintiff for $150,000 plus interest was therefore granted.