Southern Response Earthquake Services Limited v Ross
[2019] NZSC 140
•9 December 2019
| IN THE SUPREME COURT OF NEW ZEALAND I TE KŌTI MANA NUI |
| SC 105/2019 [2019] NZSC 140 |
| BETWEEN | SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED |
| AND | BRENDAN MILES ROSS AND COLLEEN ANNE ROSS |
| Court: | Glazebrook, O’Regan and Ellen France JJ |
Counsel: | T C Weston QC and K M Paterson for Applicant |
Judgment: | 9 December 2019 |
JUDGMENT OF THE COURT
AThe application for leave to appeal is granted (Ross v Southern Response Earthquake Services Ltd [2019] NZCA 431).
BThe approved ground of appeal is whether the Court of Appeal was correct to allow the appeal.
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REASONS
The appeal will raise questions about the principles applicable to deciding whether representative claims proceed on an opt in or opt out basis. We consider that we may be assisted by submissions from the New Zealand Law Society and the New Zealand Bar Association on those principles. Accordingly, we invite the New Zealand Law Society and the New Zealand Bar Association to intervene if they wish to do so.
We direct the Registrar to bring the appeal to the attention of both organisations and to provide them with a copy of this judgment.
Solicitors:
Buddle Findlay, Christchurch for Applicant
GCA Lawyers, Christchurch for Respondents
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