Neil Stuart Johnston v Christopher Frederick Schurr and Deam & Shearer - SC 61/2012

Summary

Civil Appeal – Protection of Personal and Property Rights Act 1988 – Whether a manager appointed under the Act can be liable in damages for acting without reasonable care – Whether the incapacity of a client brings the retainer of a solicitor to an end, even if the solicitor continues to act in relation to the client’s affairs – Whether the Court of Appeal erred in its approach to findings of fact made by the trial Judge. [2012]NZCA 363 CA 616/2010

Result

The application for leave to appeal is granted in relation to both respondents.

The approved ground is whether the claims against the first and second respondents were properly dismissed.

27 November 2012

_____________________

A The appeal is allowed in part. The judgments of the High Court and Court of Appeal in relation to the insurance issue are set aside. The question whether Mr Schurr is liable to the appellant in respect of the surrender of the insurance policies is to be determined in the High Court.

B In all other respects the appeal is dismissed.

C In respect of the appeal to this Court, the appellant is to pay costs to Mr Schurr and Deem & Shearer in the sums of $15,000 and $25,000 respectively together with reasonable disbursements to be fixed by the Registrar.

D The orders for costs made in the High Court and Court of Appeal are affirmed.

12 June 2015

Additional Information

Transcript

Hearing date : 17 February 2015

Elias CJ, McGrath, William Young, Glazebrook, O’Regan JJ.