16 Sept 2019
ROSS v SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED [2019] NZCA 431
- Citation
- (2019) 25 PRNZ 33
- Court
- Court of Appeal
The Court held r 4.24 and the court's supervisory powers permit opt-out representative orders; an opt-out approach was appropriate here because it better advances access to justice, efficiency and deterrence given the class size and staged procedure (stage 1 common issues, stage 2 individual claims), and repair customers share the requisite common interest and must be included; plaintiffs must obtain court leave before discontinuing the proceedings.