20 Sept 2021
ROSS v SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED [2021] NZHC 2454
- Citation
- [2021] NZHC 2454
- Court
- High Court
Application for interim setting aside order refused. Even assuming jurisdiction to make interim preservation orders to protect a potential future common fund order, the balance of convenience and overall justice favor refusing the order because it would cause disproportionate prejudice to individual policyholders who wish to opt out and receive their insurance entitlements, would unduly interfere with their autonomy and property interests, and the plaintiffs' entitlement to any cost‑spreading order remains uncertain and better determined after full evidence and on the substantive common fund…