23 Feb 2021
ROSS v SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED [2021] NZHC 2451
- Citation
- [2021] NZHC 2451
- Court
- High Court
The Court refused the directions sought; it held that while defendants may in general communicate with unrepresented class members and offer individual settlements, the Court's supervisory jurisdiction allows intervention where proposed communications risk misleading, coercive conduct, confusion during the opt-out/notice period or otherwise undermine the court's supervisory role; given the timing, scope and risk of prejudice and confusion here the directions were refused (the Court did not make a definitive ruling on the applicability of r 10.4 to unretained class members).