Hamish McIntosh v John Howard Ross Fisk and David John Bridgman

[2016] NZSC 58

IN THE SUPREME COURT OF NEW ZEALAND

SC 39/2016
[2016] NZSC 58

BETWEEN	HAMISH MCINTOSH Applicant
AND	JOHN HOWARD ROSS FISK AND DAVID JOHN BRIDGMAN Respondents

Court:	Elias CJ, William Young and O'Regan JJ
Counsel:	J R Harkness for Applicant M G Colson for Respondents
Judgment:	26 May 2016

JUDGMENT OF THE COURT

ALeave to appeal and to cross-appeal is granted (McIntosh v Fisk [2016] NZCA 74).

BThe approved questions are:

(i)Whether an order should have been made setting aside all or part of the payment made by Ross Asset Management Limited (RAM) to the applicant and requiring the applicant to pay the relevant amount to the respondents.

(ii)If so, whether the order should have been to set aside the payment of all of the $954,047 paid to the applicant or $454,047, being the difference between the amount paid to the applicant and the $500,000 he invested with RAM.

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REASONS

1. The approved questions are intended to allow both the applicant and the respondents to raise all issues outlined in their respective notices of application for leave.

2. A one day fixture has been allocated for the appeal and cross-appeal.  The fixture date is Wednesday 27 July 2016.

Solicitors:
Gibson Sheat, Wellington for Applicant
Bell Gully, Wellington for Respondents