23 Nov 2023
RESSELS v SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED [2023] NZHC 3344 [23 November 2023]
- Citation
- [2023] NZHC 3344
- Court
- High Court
The application for leave to sue as a representative plaintiff is dismissed because the required 'same interest'/common issue is not established: whether P&G, contingency and professional/design fees were payable is inherently fact specific to each insured's damage and cannot form a single common issue creating res judicata for the proposed class; the justice principle also fails where limitation and individual defences vary between claimants.
- Representative proceedings
- Out of scope (oos) insurance claims
- Misrepresentation
- Fair trading act 1986
- Limitation act 2010 (late notice)
- Scope of works assessments