New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Opt-in vs opt-out procedure

Legal area

Court

13 Dec 2018

ROSS v SOUTHERN RESPONSE EARTHQUAKE SERVICES LTD [2018] NZHC 3288

Citation

[2018] NZHC 3288
Court

High Court

Leave under r 4.24 was granted to the Ross plaintiffs to bring the proceeding on behalf of a defined class of former Southern Response policyholders whose dwellings were damaged beyond economic repair, who received DRAs lacking the Office Use section and who settled prior to 1 October 2014; the Court declined to make an opt‑out order and directed an opt‑in procedure, and fixed the effective date of the representative order as 25 May 2018 to address limitation concerns.
7 Oct 2008

HOUGHTON AND ANOR V SAUNDERS AND ORS HC CHCH CIV-2008-409-000348

Citation

openlaw-9e0964d0_a90e_468a_9af5_f955804db069.pdf
Court

High Court

The Court held the representative order should be limited to the first plaintiff's IPO claims (buying on the IPO date) and the opt-out direction should be rescinded and replaced with an opt-in procedure; claims in negligence and for breach of fiduciary duty brought by the second plaintiff (post-IPO purchasers) are struck out as disclosing no reasonable cause of action; the JAFL funding agreement is champertous but does not presently amount to an abuse of process warranting a stay; applications for further particulars are adjourned and security for costs deferred until class composition is fix…