IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CIV-2018-409-000643
[2019] NZHC 1013
BETWEEN KARLIE MARGARET SMITH
Plaintiff
AND
CLAIMS RESOLUTION SERVICE LIMITED
First Defendant
GRANT SHAND BARRISTERS AND SOLICITORS
Second Defendant
Hearing: 10 April 2019 Appearances:
M S Smith for Plaintiff
ARB Barker QC for First Defendant A B Darroch for Second Defendant
Judgment:
9 May 2019
JUDGMENT OF GENDALL J
SMITH v CLAIMS RESOLUTION SERVICE LIMITED [2019] NZHC 1013 [9 May 2019]
Introduction
[1] On 12 February 2019 I gave judgment in this proceeding granting leave to the plaintiff (Ms Smith) under r 4.24 of the High Court Rules for this proceeding to proceed as a representative action. In doing so, I declared in my judgment that this matter was to operate as an “opt in” proceeding and potential group members for the representative action were to have a period of four months to be informed about it and to decide whether to join.
[2] At para [49] of that 12 February 2019 judgment I indicated that the starting point for the “opt in” period and the effective date from which the orders I had made, together with further directions for the conduct of this proceeding as a representative action, were to be determined in a subsequent judgment I was to issue following the provision of memoranda from counsel for the various parties.
[3] At para [50] of that judgment I set out directions concerning the filing and service of those memoranda to address those specific matters.
[4] Memoranda of submissions on these issues have now been filed by counsel for the plaintiff (Ms Smith), counsel for the first defendant Claims Resolution Service Limited (CRS), and counsel for Grant Shand Barristers Solicitors (Shand Solicitors). In addition, at counsel’s request, a face to face hearing before me regarding the further directions required took place on 10 April 2019.
[5] I have now had an opportunity to consider all those written and oral submissions and give my decision concerning the further conduct of this proceeding and the matters related thereto.
[6] But before doing so, it is appropriate here to repeat some brief factual background to this whole matter so a full understanding of what is proposed may appear clearer.
Factual background
[7] Ms Smith, as a former client of CRS and Shand Solicitors sues the defendants in this action (leave for which has been granted to proceed as a representative proceeding) both on her behalf and on behalf of a group of other similar former clients (potential group members). As the owner of a home damaged in the 2010/2011 Canterbury earthquake sequence, Ms Smith engaged CRS to pursue her unresolved earthquake claim against her insurer. Her position is that CRS in turn engaged Shand Solicitors as her lawyers for the claim. She maintains that CRS, Shand Solicitors and other closely held companies related to CRS and its principal, Mr Bryan Douglas Staples (Mr Staples), had an undisclosed joint venture agreement. Ms…
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- Case
- [2019] NZHC 1013
- Decision Date
CaseChat Overview and Summary
The court's decision provided clear directions for the further conduct of the proceeding, ensuring that potential group members were adequately informed and that the case progressed efficiently. The directions aimed to balance the needs of all parties while facilitating the resolution of the collective claims.
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