SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED v BRENDAN MILES ROSS AND COLLEEN ANNE ROSS [2019] NZSC 140
The Supreme Court granted leave to appeal and limited the approved ground of appeal to whether the Court of Appeal was correct to allow the appeal; the Court invited the New Zealand Law Society and the New Zealand Bar Association to intervene to assist on the principles governing opt in versus opt out representative...
Source-derived case information.
- Citation
- [2019] NZSC 140
- Parties
- Applicant: Southern Response Earthquake Services Limited; Respondent: Brendan Miles Ross and Colleen Anne Ross
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 9 December 2019
- Procedural Posture
- Appeal to Supreme Court / Leave to Appeal Granted
- Outcome
- Leave to appeal granted; approved ground limited to whether the Court of Appeal was correct to allow the appeal; interveners invited.
- Legal Topics
- Opt in Vs Opt Out, Representative Claims, Intervention, Leave to Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Southern Response Earthquake Services Limited
Applicant
Brendan Miles Ross and Colleen Anne Ross
Respondent
Procedural Posture
Appeal to Supreme Court / Leave to Appeal Granted
Legal Issues
- 1 Whether the Court of Appeal was correct to allow the appeal
- 2 Principles for deciding whether representative claims proceed on an opt in or opt out basis
- 3 Whether the New Zealand Law Society and New Zealand Bar Association should be permitted to intervene
Ratio Decidendi
The Supreme Court granted leave to appeal and limited the approved ground of appeal to whether the Court of Appeal was correct to allow the appeal; the Court invited the New Zealand Law Society and the New Zealand Bar Association to intervene to assist on the principles governing opt in versus opt out representative claims.
Court Disposition
Leave to appeal granted; approved ground limited to whether the Court of Appeal was correct to allow the appeal; interveners invited.
Orders
- Application for leave to appeal is granted.
- The approved ground of appeal is whether the Court of Appeal was correct to allow the appeal.
Full Case Text
Judgment text and source record
1 paragraphs
SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED v BRENDAN MILES ROSS ANDCOLLEEN ANNE ROSS [2019] NZSC 140 [9 December 2019]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUISC 105/2019[2019] NZSC 140BETWEEN SOUTHERN RESPONSE EARTHQUAKESERVICES LIMITEDApplicantAND BRENDAN MILES ROSS AND COLLEENANNE ROSSRespondentsCourt: Glazebrook, O'Regan and Ellen France JJCounsel: T C Weston QC and K M Paterson for ApplicantP G Skelton QC, K M Quinn and C B Pearce for RespondentsJudgment: 9 December 2019JUDGMENT OF THE COURTA 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 ofAppeal was correct to allow the appeal.____________________________________________________________________REASONS[1] The appeal will raise questions about the principles applicable to decidingwhether representative claims proceed on an opt in or opt out basis. We consider thatwe may be assisted by submissions from the New Zealand Law Society and the NewZealand Bar Association on those principles. Accordingly, we invite the New ZealandLaw 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 andto provide them with a copy of this judgment.Solicitors:Buddle Findlay, Christchurch for ApplicantGCA Lawyers, Christchurch for Respondents