Hotchin v New Zealand Guardian Trust

[2014] NZSC 156

IN THE SUPREME COURT OF NEW ZEALAND

SC 92/2014
[2014] NZSC 156

BETWEEN

MARK STEPHEN HOTCHIN
Applicant

AND

THE NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED
First Respondent

PERPETUAL TRUST LIMITED
Second Respondent

Court:	McGrath, William Young and Glazebrook JJ
Counsel:	N S Gedye QC and J A MacGillivray for Applicant R G Simpson and J Q Wilson for First Respondent C Walker and M C Smith for Second Respondent
Judgment:	30 October 2014

JUDGMENT OF THE COURT

AThe application to appeal is granted (Hotchin v The New Zealand Guardian Trust Company Limited [2014] NZCA      400).

BThe approved question is whether the Court of Appeal was correct to uphold the striking out of Mr Hotchin’s third party claims against the respondents.

____________________________________________________________________

Solicitors:
Tompkins Wake, Hamilton for the Applicant
Bell Gully, Auckland for the First and Second Respondents