Do you have the latest Photoshop CS6 update? If you want to check to be certain of what version you have, look at the top of the dialog the Help - System Info menu puts up. Help - Updates will ask the software to check for updates you don't have.
yes, turns out its something with the migration of files from an old computer by Time Machine. Still not fixed on the file in issue but is working now on all other files. Now its ny spiral tool in Illustrator thats acting up ; P Thanks for the input, appreciated.