New Zealand Case Law: Decisions & Judgments

Topic

Distribution of settlement funds

Legal area

Court

22 Dec 2021

RE STRAHL [2021] NZHC 3608

Citation

[2021] NZHC 3608
Court

High Court

The Court approved the Committee's proposed distribution methodology as fair and reasonable to the group as a whole and individually, subject to adjusting the Committee's merits-weighting between Class A and Class B claims from 75/25 to 67/33; the Committee's selection of 31 May 2010 as the knowledge date and its consultative process were rational and within its contractual discretion; indemnity costs were awarded to the objectors under r14.6(4)(f).
30 Nov 2021

RE STRATHBOSS KIWIFRUIT LIMITED [2021] NZHC 3260

Citation

[2021] NZHC 3260
Court

High Court

Given the Committee's transparent process, guiding principles, claimant verification steps, independent expert endorsement and absence of contrary submissions, the Court finds the proposed allocation methodology fair and reasonable and directs the Committee to distribute the net settlement proceeds in accordance with that methodology; ancillary confidentiality and access orders as sought are also granted.
18 Apr 2016

Grimshaw & Co v Body Corporate 207624 [2016] NZHC 715

Citation

[2016] NZHC 715
Court

High Court

The Court exercised its rule 4.63 jurisdiction to authorise Grimshaw & Co to withdraw the funds held on interest, to pay its costs of $79,650.25 and the Body Corporate's implementation costs of $46,082.02 from the fund, to declare the net settlement funds (principal $20,050,000 plus interest less specified costs), and to direct distribution of 80% to the Body Corporate and 20% to second plaintiffs in accordance with the adjusted unit entitlements and annexed schedule, with specified procedural steps for serving and approving the proposed payments and with Grimshaw discharged from further clai…

New Zealand Case Law

RE STRAHL [2021] NZHC 3608

RE STRATHBOSS KIWIFRUIT LIMITED [2021] NZHC 3260

Grimshaw & Co v Body Corporate 207624 [2016] NZHC 715