New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Retainer terms

Legal area

Court

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.
19 Dec 2006

BAGCHI V LAWWORKS HC AK CIV-2006-404-53

Citation

openlaw-64a209ff_3fe7_4391_a532_ce5cd8d3c64c.pdf
Court

High Court

Registrar's decision was set aside in part because he failed to address a fundamental conflict of evidence about the terms of the retainer and did not give adequate reasons on whether the retainer was conditional; the matter is remitted to the Registrar to make a finding and give reasons on that issue, with the Registrar's costs orders set aside pending that further decision.