9 Mar 2022
IDEAL INVESTMENTS LIMITED v THE EARTHQUAKE COMMISSION [2022] NZHC 400
- Citation
- [2022] NZHC 400
- Court
- High Court
The application for leave to bring a representative proceeding was declined because the proposed common issue (that EQC should have resolved all pre‑2012 Canterbury earthquake claims by 4 June 2015 and thereby breached s 29(4)) improperly aggregates fact‑specific inquiries that must be assessed claim by claim. Section 29(4) imposes obligations in respect of individual claims; therefore a global deadline cannot be treated as a single common issue creating res judicata for tens of thousands of diverse claims. The class definition and common issue were insufficiently certain and failed the same…