New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Settlement statements

Legal area

Court

15 Mar 2016

MEMELINK v COLLINS & MAY LAW [2016] NZHC 442

Citation

[2016] NZHC 442
Court

High Court

Collins & May were negligent and in breach of their retainer by accepting and relying on an inadequate settlement statement without obtaining or preparing a clear written record that payment on settlement fully and finally discharged the Trust's personal covenant to pay the stated purchase price; that negligence caused the Trust's loss of $155,715.33 and retainer limitation did not absolve that duty.
21 Nov 2005

CAIRNS V MCNEILAGE AND ANOR HC PMN CIV-2005-454-322

Citation

openlaw-f7b9819a_bbfa_4d44_861b_9a8b0fc823a8.pdf
Court

High Court

Trial judge's factual determinations were open to him and this Court will not disturb them; vendor's failure to provide a proper settlement statement constituted vendor default so contractual interest did not run from settlement and interest is awarded from date of judgment at statutory rate; purchaser's equitable set-off for ACC claims was not proven to a sufficient degree and loss-of-chance value was negligible; commercial nature of contract precluded damages for distress; appeals dismissed except limited costs variation in District Court.