13 Apr 2022
OFFICIAL ASSIGNEE v MACKENZIE [2022] NZHC 781
- Citation
- [2022] NZHC 781
- Court
- High Court
The Court found the 2014 written fee agreements were not exhaustive and were supplemented by an oral agreement entitling Brian to remuneration; on the balance of probabilities Brian proved an entitlement and, because no agreed rate could be reliably fixed, the appropriate remedy was quantum meruit assessed by reference to market value and reasonableness, resulting in admission of the claim and assessment of remuneration at NZD 225,000 plus GST.