Chirnside v Rattray Properties Limited

[2004] NZSC 9

IN THE SUPREME COURT OF NEW ZEALAND

SC CIV 7/2004

BETWEENWYNSTON CHIRNSIDE

First Appellant

ANDRATTRAY PROPERTIES LIMITED

Second Appellant

ANDRICHARD FAY

Respondent

Coram:Blanchard J
Tipping J

Counsel:P F Whiteside for Appellants

H McIntosh for Respondent

Date of Minute:         26 August 2004 

MINUTE OF THE COURT

[1]       Leave to appeal is granted.

[2]       The grounds of the appeal are:

(a)Whether a fiduciary relationship existed between Mr Chirnside and Mr Fay; and

(b)        If so, whether there was a breach of that fiduciary obligation.

[3]       Security for costs is to be fixed by the Registrar when the appeal and cross‑appeal against the High Court’s award of damages have been determined as contemplated by para [78] of the Court of Appeal’s judgment of 29 June 2004.

[4]       The Registrar is not to allocate a hearing date until that determination has been made.

[5]       Liberty to apply.

Solicitors:

Wynn Williams & Co, Christchurch for Appellants
Russell McVeagh, Wellington for Respondent