Houghton v Saunders

[2017] NZSC 55

IN THE SUPREME COURT OF NEW ZEALAND

SC 135/2016
[2017] NZSC 55

BETWEEN

ERIC MESERVE HOUGHTON
Applicant

AND

TIMOTHY ERNEST CORBETT SAUNDERS, SAMUEL JOHN MAGILL, JOHN MICHAEL FEENEY, CRAIG EDGEWORTH HORROCKS, PETER DAVID HUNTER, PETER THOMAS AND JOAN WITHERS
First Respondents

CREDIT SUISSE PRIVATE EQUITY INC
Second Respondent

CREDIT SUISSE FIRST BOSTON ASIAN MERCHANT PARTNERS LP
Third Respondent

FIRST NEW ZEALAND CAPITAL
Fourth Respondent

FORSYTH BARR LIMITED
Fifth Respondent

Hearing:	5 April 2017
Court:	Elias CJ, Arnold and OʼRegan JJ
Counsel:	P A B Mills and G R Abdale-Weir for Applicant A R Galbraith QC, D J Cooper and S V A East for First Respondents (other than Mr Magill) T C Weston QC for Mr Magill J B M Smith QC, A S Olney and C J Curran for Second and Third Respondents D H McLellan QC and J S Cooper for Fourth Respondent A C Challis and D P Turnbull for Fifth Respondent
Judgment:	2 May 2017

JUDGMENT OF THE COURT

ALeave to appeal is granted (Houghton v Saunders [2016] NZCA 493).

B        The approved question is whether the Court of Appeal erred in dismissing the applicant’s appeal.   

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REASONS

1. The approved question is worded to allow the applicant to pursue the points raised in his application for leave.  We note the respondents’ expressions of intention to support the Court of Appeal judgment on other grounds.

2. Given the complexity of the issues the applicant raises, the Court would be grateful for the assistance of senior counsel at the hearing. 

3. The Court would like to set a fixture for the hearing of the appeal in the last week of July, if possible.  The Registrar will liaise with counsel about both the length of the hearing and the fixture date.

Solicitors:
Wilson McKay, Auckland for Applicant
Bell Gully, Auckland for First Respondents
Russell McVeagh, Wellington for Second and Third Respondents
Fee Langstone, Auckland for Fourth and Fifth Respondents