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.