IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CIV-2018-409-000361
[2021] NZHC 2454
BETWEEN BRENDAN MILES ROSS and COLLEEN ANNE ROSS
Plaintiffs
AND
SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED
Defendant
Hearing: 14 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 for B & L Vickers and others (Intervening)
Judgment:
20 September 2021
JUDGMENT OF OSBORNE J
(setting aside 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 2454 [20 September 2021]
TABLE OF CONTENTS
Introduction [1]
Application for a setting aside order [4]
The litigation to date [6]
Progress of other litigation and claims [11]
Discussion [16]
The plaintiffs’ litigation arrangements [16]
The (Southern Response) Package [18]
Common fund orders, fee equalisation orders, and other orders [23]
The detail of the Rosses’ application and grounds [30]
Southern Response’s opposition and grounds [42]
Position of the intervening policyholders [51]
What this judgment will not determine [60]
The approach to interim relief [65]
The various concerns in relation to a setting aside [65]
Applicable principles [71]
Assessment of the competing interests in this case [76]
Serious question to be tried [76]
The balance of convenience [78]
The overall justice of the case [88]
Outcome [92]
Orders [93]
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 Service Ltd (Southern Response).2 Mr and Mrs Ross’s claim relates to a settlement agreement they entered into with Southern Response in relation to their insurance claim for damage to their house caused in the Canterbury Earthquake Sequence. They say Southern Response provided them with incomplete or misrepresented information about the cost of remedying earthquake damage to their home. As a result they cash- settled on a less favourable basis than they otherwise would have.
[2] It has been estimated there may be approximately 3,000 policyholders similarly affected. This judgment, one of four interlocutory judgments issuing today, deals with the Rosses’ application for a “setting aside order”.
[3] The Rosses have before the Court an (adjourned) application for a common fund order, a means by which the costs of the proceedings otherwise borne by the plaintiffs would be ordered to be shared by other class members.
Application for a setting aside order
[4] The setting aside order sought by the Rosses would require Southern Response, in the event it reaches settlement with any class member, to establish an interest- bearing escrow account and to set aside and pay into the escrow account 15 per cent of the agreed settlement sum. The plaintiffs seek a further order that no payment be made from the escrow account unless and until approved by the Court following…
Keep reading for free
Create a free CaseChat account to read Ross v Southern Response Earthquake Services Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2021] NZHC 2454
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.