Pfisterer v Claims Resolution Service Ltd - [2023] 3 NZLR 533

Equity — Unconscionable bargain — Stress and financial circumstances did not diminish ability to assess own interest — Not qualifying disadvantage — No imbalance in consideration — No procedural impropriety.

Fair trading — Misleading and deceptive conduct — No win, no pay contract for legal services — Did not imply third parties paid in timely manner

Equity — Fiduciary duties — Whether resolution provider a fiduciary — Relationship contractual only — Not principal and agent — Not partnership.

Equity — Fiduciary duties — Solicitor — Whether competing personal interest from relationship with resolution provider — No conflicting duties or divided loyalties — Client sole control over litigation — No duty to advise alternative funding arrangements — Relationship between breach of Conduct and Client Care Rules and breaches of fiduciary duties — Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008.

Equity — Fiduciary duties — Remedies — Breach in continuing to negotiate without instructions — Filing memorandum without instructions — Whether damages followed from no damage caused — No forfeit of remuneration work before breach.