20 Dec 2021
SMITH v CLAIMS RESOLUTION SERVICE LTD [2021] NZHC 3561
- Citation
- [2021] NZHC 3561
- Court
- High Court
The substitution application was dismissed because the proposed representatives sought conditional substitution tied to uncertain third‑party funding and a stay pending an unrelated appeal, and refused to accept any personal costs risk; those conditions prevented the court being satisfied they could vigorously and reliably prosecute the group�s interests and would cause undue delay and prejudice to defendants. The existing representation order was revoked because the named representative no longer wished to act and no suitable, funded, unconditional replacement was available; opt‑in group mem…