20 Oct 2023
PFISTERER v CLAIMS RESOLUTION SERVICE LIMITED & ANOR [2023] NZCA 511
- Citation
- [2023] NZCA 511
- Court
- Court of Appeal
Court of Appeal affirmed that the CRS contract was not unconscionable because the appellant was not under a qualifying disadvantage and CRS lacked knowledge and exploitation; CRS complied with contractual obligations (including seeking instruction before filing) and the 'no win no pay' material was not misleading as to funding timing; CRS did not owe (or breach) fiduciary duties to the appellant; Shand Solicitors committed two limited breaches of fiduciary duty (continuing settlement negotiations contrary to instructions and filing a memorandum without instructions) but those breaches caused…