14 Dec 2023
FREER v EARTHQUAKE COMMISSION [2023] NZHC 3662
- Citation
- [2023] NZHC 3662
- Court
- High Court
The Court granted leave for a representative proceeding limited to ILV claims on the basis that pleaded challenges to EQC's 2016 policies and the allegation of a strategy to use DOV could constitute common issues suitable for r 4.24; the interpretation issue (attack on Earthquake Commission decision) was not a viable common issue; plaintiffs are adequate representatives for ILV claimants but cannot represent IFV claimants and the proposed IFV representative must be joined as a plaintiff under r 4.56; the representation order was certified on an opt out basis and takes effect from 18 July 2022.