New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Trustee expenses
  • 11 Sept 2012

    DORCHESTER FINANCE LTD v DELOITTE SC 47/2012

    Citation
    SC 47/2012
    Court
    Supreme Court

    Leave to appeal was dismissed: the principal question about the general effect of limitation clauses was not central to the case and did not need determination; on the facts Perpetual's contracting for Deloitte's services and its decision to pay the fee was a reasonable exercise of its powers and recovery under cl 6.1.3 was not reasonably arguable as opposed to the limitation point; the proposed appeal lacked general or public importance and did not risk a substantial miscarriage of justice.