Southern Response Earthquake Services Limited v Brendan Miles Ross and Colleen Anne Ross - SC 105/2019

Media releases

MR [2020] NZSC 126 (PDF 196 KB)

Summary

Civil Appeal – Civil procedure – Class actions – Whether the Court of Appeal erred in holding that an opt-out procedure should be the norm for class actions in New Zealand – Whether the Court of Appeal erred in holding that an opt-out approach was appropriate for the class action in this case.

Result

A The application for leave to appeal is granted (Ross v Southern Response Earthquake Services Ltd [2019] NZCA 431).
B The approved ground of appeal is whether the Court of Appeal was correct to allow the appeal.
9 December 2019
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A The appeal is dismissed.
B The appellant must pay the respondents costs of $35,000 plus usual disbursements. We certify for second counsel.
17 November 2020

Case Synopses

Southern Response v Ross synopsis June 2020 (PDF 153 KB)

Hearing Transcripts

Hearing date 15 - 16 June 2020 (PDF 886 KB)