12 Feb 2019
SMITH v CLAIMS RESOLUTION SERVICE LIMITED [2019] NZHC 127
- Citation
- [2019] NZHC 127
- Court
- High Court
Leave under r 4.24 is granted: the proposed Group members are readily identifiable and share significant common legal and factual issues (including whether CRS owed fiduciary duties and breached them and whether contracts were unconscionable); the pleaded claims disclose an arguable case and sufficient pleaded loss; representative proceedings are appropriate on grounds of efficiency and access to justice; certain late 'reply' affidavits were inadmissible; the proceeding will operate on an opt‑in basis with a four month period and specified case management directions to follow.