25 Nov 2022
MATHIAS v THE EARTHQUAKE COMMISSION [2022] NZHC 3105
- Citation
- [2022] NZHC 3105
- Court
- High Court
The court declined to vary the class to include intermediate owners because the reservation of leave did not permit substantial alteration of the agreed class and because including intermediate owners would create potential conflicts between claimants, unmanageable complexity and potential injustice to non-opt-in current owners. The court approved the Opt-in Notice with agreed modifications, ordered a targeted personal mail-out by NZ Post to identified former applicants (1,277) plus 1,376 applicants who did not pursue claims, paid for by the plaintiff, set the opt-in period at 4.5 months, req…