Kim v Oh - [2013] 2 NZLR 825

Contract — Breach — Whether lawyer breached duties to client — Whether breach of retainer — Whether defendant’s failures caused loss claimed — Whether plaintiff’s actions disentitling — Whether cost of lawyer’s work could be off-set against claimed amount — Lawyers and Conveyancers Act 2006, s 4.

Law practitioners — Professional misconduct — Whether solicitor/client relationship existed — Whether standard of professional conduct met — Whether failure to fulfil duty of care — Whether breach of retainer — Whether defendant’s failures caused loss claimed — Whether plaintiff’s actions disentitling — Whether exemplary damages appropriate — Lawyers and Conveyancers Act 2006, s 4.

Tort — Duty of care — Whether lawyer breached duties to client — Whether intentional wrongdoing — Whether exemplary damages appropriate — Whether conscious recklessness — Whether anxiety and distress suffered — Lawyers and Conveyancers Act 2006, s 4.

Tort — Negligence — Whether lawyer breached duties to client — Whether intentional wrongdoing — Whether conscious recklessness — Whether anxiety and distress suffered — Lawyers and Conveyancers Act 2006, s 4.