31 Mar 2023
MATHIAS v THE EARTHQUAKE COMMISSION [2023] NZHC 705
- Citation
- [2023] NZHC 705
- Court
- High Court
Leave to appeal was refused because the applicant failed to identify any arguable error of law or fact in the November 2022 interlocutory judgment; the proposed substantive variation of the agreed class was not within the scope of the reserved leave, would risk prejudice to the defendant's limitation defences and create conflicts between class members, and the contested notice, personal service and opt-in period decisions were legitimate case-management choices not plainly wrong; accordingly it was not in the interests of justice to grant leave.