New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Settlement statement

Legal area

Court

23 Nov 2017

COLLINS & MAY LAW v MEMELINK & PATRICK JOHN RENSHAW AS TRUSTEES OF THE LINK TRUST (NO. 1) & ANOR [2017] NZCA 541

Citation

[2017] NZCA 541
Court

Court of Appeal

The Court held the retainer was limited to effecting settlement; the settlement statement together with withdrawal of caveats and registration of transfer constituted sufficient record that payment of the lesser sum discharged the purchaser’s obligations, and the trustees’ loss was caused by the client’s failure to produce Ms Matthews' written acknowledgement rather than by any negligence of Collins & May Law.
22 Feb 2008

FAIRBURN V S L MARKS LIMITED HC ROT CIV 2007-463-932

Citation

openlaw-e8982687_dd69_4b4e_9fa4_e86bb19c0522.pdf
Court

High Court

The plaintiff was in arrears, had not requested a settlement figure before cancellation, the defendant served valid notices under the Property Law Act and validly cancelled the contract; cancellation discharged further obligations under the Contractual Remedies Act 1979 s8(3), so the plaintiff failed to show a reasonably arguable interest and the caveat could not be maintained.