6 Jun 2017
GILLIBRAND AND GILLIBRAND AS TRUSTEES OF THE CHRIS AND MARY GILLIBRAND FAMILY TRUST v SWANEPOEL & ANOR [2017] NZHC 1209
- Citation
- [2017] NZHC 1209
- Court
- High Court
The court held that counsel (Holgate) breached his duty by advancing and maintaining serious mistreatment allegations in opposition to the removal application without a reasonable evidential foundation and without adequate advice on the high risk (including indemnity costs), causing the trustees to incur indemnity costs of $63,950 and modest general damages; the solicitor (Swanepoel) did not breach his duty given instructions received and reliance on counsel and client choices.