Chirnside v Fay

[2005] NZSC 67

IN THE SUPREME COURT OF NEW ZEALAND

SC CIV 7/2004 [2005] NZSC 67

BETWEEN  WYNSTON ALEXANDER CECIL CHIRNSIDE

First Appellant

ANDRATTRAY PROPERTIES LIMITED Second Appellant

ANDRICHARD ELMORE FAY Respondent

Court:            Keith J and Tipping J

Counsel:         P F Whiteside and J V Ormsby for Appellants

H N McIntosh and C Hosie for Respondent

Judgment:      22 September 2005

JUDGMENT OF THE COURT

1.The respondent is granted leave to cross appeal from the whole of the judgment of the Court of Appeal delivered on 29 June 2005 (the quantum judgment).  The approved ground in respect of this cross appeal is whether the quantum judgment is erroneous in law and in fact.

2.The  appellants  are  granted  leave  to  appeal  from  the quantum judgment.  The approved ground in respect of this appeal is whether that judgment is erroneous in law and in fact.

CHIRNSIDE And Anor V Fay SC CIV 7/2004 [22 September 2005]

3.After consultation with counsel, the Registrar should now allocate a fixture for the hearing of the appeals and cross appeals herein.  We suggest that, subject to the views of counsel, at least three days should be allowed.

Solicitors:
Wynn Williams & Co, Christchurch for Appellants

Russell McVeagh, Wellington for Respondent