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Ian Comer v Linda Abbott [2016] NZDC 4995

Published 24 February 2017

Summary judgment declined — District Court Rules, r 12.2(1) — whether the decision of a Standards Committee is binding on the Court. Summary judgment was declined as the Judge was not satisfied that there was no defence to claim and no real question to be tried as required by r 12.2. The executor of an estate had sought summary judgment, claiming he was entitled to be indemnified by the defendant beneficiaries for legal work incurred by the estate. The Judge was left with uncertainty as to letters provided as evidence by the plaintiff, whether the costs were reasonably incurred and as to quantum. In coming to this decision the Judge found that a decision by the Standards Committee of the Waikato Bay of Plenty District Law Society was not binding on the Court. Judgment Date: 29 April 2016.

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