New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Fees recovery

  • 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…

  • 5 May 2016

    MALLEY & CO v BURGESS [2016] NZHC 907

    Citation
    [2016] NZHC 907
    Court
    High Court

    On the balance of probabilities the Court found Malley & Co entitled to recover $54,594.81 for fees and disbursements plus contractual interest because their retainer was complied with, the work by Mr Tait was competent and produced beneficial results as supported by independent expert evidence and regulatory findings; payments from trust were authorised by the parties' memorandum and not a breach; Burgess's counterclaim failed because he did not establish breach or causation and his losses were caused by his failure to service mortgage obligations rather than any conduct by Malley & Co.