GCA Lawyers New Zealand
Maurice Blackburn Lawyers
Claims Funding Australia

Southern Response Concealment

Class Action - New Zealand

Common Fund Order Application - Update

On 7 November 2019 the representative plaintiffs, Brendan and Colleen Ross, filed a Notice of Amended Interlocutory Application for a Common Fund Order (“the Application”) in the High Court at Christchurch.

The Application was to be heard at the High Court at Christchurch on 16 and 17 March 2020, however this has now been stayed, meaning that it will be heard at a later date.

The stay has been granted at the joint request of Mr and Mrs Ross and Southern Response as Southern Response has now been granted leave to appeal the Court of Appeal’s 16 September 2019 decision granting leave for the proceedings to be advances on an “opt-out” basis to the Supreme Court. The appeal will be heard on 23 and 24 March 2020 in the Supreme Court in Wellington.

The outcome of that appeal may have a bearing on the nature of the orders required to achieve equality between class members, which is the fundamental issue that the Common Fund Order seeks to resolve. Accordingly, the parties consider that it is best to await the Supreme Court’s decision before proceeding with the Common Fund Order application.

Further updates will be provided as matters progress.

Class Members who wish to find out more about the Common Fund Order Application that was made can download the following documents using links below:

  • The Application (click here);
  • An Affidavit Grant Ashley Cameron in support of the Application (click here) ; and
  • A Minute of his Honour Gendall J dated 3 December 2019 (click here).

Please note that Mr Cameron’s affidavit is subject to an Interim Non-Publication order which means that we are unable to publish full version here. The terms of that order are as follows:

Pending further order of this Court, exhibits “A”, “B”, “C” and “D” annexed to the affidavit of Grant Cameron sworn on 7 November 2019 (and defined by him as the “Confidential Exhibits”) are not to be provided to anyone other than a Class Member or the defendant without leave of the Court, and any recipient of the Confidential Exhibits is only to use those documents for the purposes of this proceeding and is not to publish or otherwise disclose the Confidential Exhibits to anyone else without the written consent of the plaintiffs’ solicitors or the leave of the Court. For the avoidance of doubt, and subject to the terms of this Non-Publication Order, the defendant is entitled to provide copies of the Confidential Exhibits to its legal team.

Leave is reserved for either party to apply to vary the above orders,

Any Class Member who wishes to review a copy of the confidential exhibits may do so, subject to the Non-Publication Order, by making a request in writing to GCA Lawyers. Requests can be sent to [email protected]


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