13 Sept 2017
BURGESS v MALLEY & CO [2017] NZCA 401
- Citation
- [2017] NZCA 401
- Court
- Court of Appeal
The Court accepted the High Court's findings that Malley & Co acted competently within the retainer, the appellant authorised and understood the consent memorandum which was binding, the firm's conduct did not cause the loss of the property (loss was caused by the appellant's failure to service the mortgage), the unpaid fees were proven and reasonable (judgment sum $54,594.81), and the appellant's counterclaims lacked evidential foundation; accordingly the appeal is dismissed.