Published 23 November 2016
Summary judgment — claim of negligence — Jowada Holdings v Cullen Investments Limited (unreported CA248/02, 5 June 2003) — Pemberton v Chappell [1987] 1 NZLR 1 — Hall v Simons [2002] 1 AC 615. Summary judgment was entered for the plaintiffs as the defendants had no arguable case on the evidence before the Court. The plaintiffs were entitled to fees properly payable for legal services in the sum of $66,916.03, together with costs and disbursements. Negligence alleged by the defendants was not apparent in light of case law including "Hall", and did not provide for the withholding of fees. Summary judgment was appropriate considering the principles set out in "Jowada" and "Pemberton". Judgment Date: 23 August 2016.
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