IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CIV-2018-409-000361
[2021] NZHC 2453
BETWEEN BRENDAN MILES ROSS and COLLEEN ANNE ROSS
Plaintiffs
AND
SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED
Defendant
Hearing: 13 April 2021 Appearances:
P G Skelton QC, K M Quinn and C B Pearce for Plaintiffs
T C Weston QC, K M Paterson and E D Peers for Defendant S M Grieve and G D R Shand for B & L Vickers and others (Intervening)
Judgment:
20 September 2021
JUDGMENT OF OSBORNE J
(Defendant’s communications application)
This judgment was delivered by me on 20 September 2021 at 4.00 pm pursuant to Rule 11.5 of the High Court Rules
Registrar/Deputy Registrar Date:
ROSS v SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED [2021] NZHC 2453 [20 September 2021]
TABLE OF CONTENTS
Introduction [1]
Previous findings in relation to defendant’s communications [3] The substantive litigation and interlocutory applications and appeals [8] Directions now sought by Southern Response [14]
The Rosses’ opposition [18]
Matters previously determined [19]
Communications during the opt out period [22] Content of Southern Response’s communications — the standard to be observed [25] Content of Southern Response’s communications — discussion [31] Appendices 1–5 [31]
Appendix 1: Webpage content [34]
CP1 “Background to the Package” [36]
CP2 “The Pre-October 2014 Payment Package is based on the Dodds case” [38] CP3 “The Pre-October 2014 Payment Package is based on the Dodds case” [39] CP4 “Relationship between pre-October 2014 Payment Package and the
Ross class action” [44]
CP5 “Your options if you cash-settled with Southern Response prior to
1 October 2014” [54]
CP6 “Recommendation to seek independent legal advice” [57]
CP7 “What is the Independent Oversight Committee (IOC)?” [61] CP8 “EXPLANATIONS ABOUT THE DODDS CASE: Background” [62] CP9 “EXPLANATION ABOUT THE DODDS CASE: Dodds Court Decision” [64] CP10 “INDEPENDENT OVERSIGHT COMMITTEE” [69]
Appendix 2: Registration form [70]
CP11 First draft email [71]
CP12 Second draft email [74]
Appendix 3: Marketing material [75]
Appendix 4: Direct communication with customers (Phase 2 or where a
customer requests written information) [76]
CP13 “Relationship between Pre-October 2014 Payment Package and the
Ross Class Action” [76]
CP13 “Your options if you cash-settled with Southern Response prior to
1 October 2014” [77]
CP15 “Recommendation to seek independent legal advice” [78]
Appendix 5: Letterbox drop to Canterbury households (Phase 3 — if required) [80]
CP16 “Am I eligible for a payment?” [80]
Content of Southern Response’s communications — approved forms [82]
Timing of Southern Response’s communications [84]
Leave reserved [91]
Orders [92]
Communications [92]
Initial Communications [92]
Further Communications [92]
Liberty to negotiate and/or settle claims [92]
Timing [92]
Leave reserved [92]
Costs and disbursements [92]
Introduction
[1] In this proceeding Brendan and Colleen Ross1 bring (by leave under r 4.24 High Court Rules 2016) a representative claim against Southern Response Earthquake Services Ltd (Southern Response).2
[2] An issue arose as to communications which Southern Response proposed to initiate with individual potential members of the class represented by the Rosses. I heard Southern Response’s…
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