20 Aug 2019
ERWOOD v HOLMES [2019] NZHC 2049
- Citation
- [2019] NZHC 2049
- Court
- High Court
The litigation guardian (Minchin) did not breach duties — he acted independently and in the plaintiff's best interests while still appointed and any omission to disclose the psychiatrist's letter would not have produced a different outcome because subsequent court processes repeatedly declined to set aside or disturb the settlement; the instructing solicitor (Holmes) did not breach duties because he did not receive the psychiatrist's letter before settlement and his deductions of fees were lawful and reasonable; accordingly all causes of action against Holmes and Minchin are dismissed.