The 3 day interlocutory hearing before Justice Osborne has concluded. This addressed the following applications:
1. The Rosses application for notification orders;
2. Southern Response's amended application for directions;
3. The Rosses application for set aside orders.
Having heard from counsel, the Judge has reserved his decision in order to give consideration to the arguments advanced, and will prepare and release a written decision on each in due course.
Click here to view our latest update relating to the judgment issued following the hearing on 15 February 2021.
TO FIND OUT HOW MUCH WAS CONCEALED FROM YOU - JUST REGISTER ABOVE!
GCA has established that large sums have been concealed.
One policyholder had $447,129.50 concealed from them.
For more, click here to read our Media Release.
Whether the class action is resolved in the courtroom or settled amicably between the parties, the court will determine fair remuneration will be paid to lawyers and funders, and how those costs will be spread across the whole class.
23 September 2020
The government will not challenge a landmark court decision against Southern Response, it's a move that could set a legal precedent for Cantabrians battling against the state-owned quake insurer.
15 September 2020
Around 3,000 Southern Response Policy holders are part of a class action against the agency seeking compensation for damage in the Canterbury earthquakes.
2 March 2020
Southern Response's misleading settlements pre October 2014
3 March 2020
Brendan & Colleen Ross are the representative claim for the Southern Response Concealment Class Action
In 2018, GCA Lawyers filed proceedings in the High Court of New Zealand against Southern Response Earthquake Services Limited over its alleged misleading concealment and non-payment of additional financial benefits due to policyholders. The representatives of the class are Brendan and Colleen Ross, whose earthquake damaged home was uneconomic to repair. The class action alleges that those who settled their Canterbury earthquake claims with Southern Response prior to October 2014 were misled about the full extent of their entitlements to compensation. The claim alleges Southern Response systematically withheld information from policyholders about their entitlements and the true cost of repairing or rebuilding homes damaged as a result of the Canterbury earthquakes.
The Court of Appeal has ordered that the class action is to be conducted on an opt-out basis. This means that all persons who have the same interest in the subject matter of the proceedings as Mr & Mrs Ross are automatically members of the class action unless they elect to opt-out. This includes both people whose houses were repairable and those whose houses were uneconomic to repair.
If you settled with Southern Response prior to October 2014 you may qualify as a class member. Now is the time to consider appointing GCA Lawyers as your lawyers in this class action seeking to recover those additional insurance entitlements.
The Court of Appeal has set out the criteria for people to be part of the class action in its judgment of 16 September 2019. The full text of the Court of Appeal's Order can be found in the FAQ section of this website. If you meet these criteria then you do not need to take any further steps to qualify as a class member at this stage.
Broadly, you will automatically be a class member if you:
GCA Lawyers can assist you to know if you are a class member and eligible to take part in the class action.
GCA lawyers are conducting the class action with the support of funding from Claims Funding Australia Pty Limited (CFA), the litigation funding arm of Maurice Blackburn Lawyers, Australia’s largest and most successful class action law firm.
You may wish to have GCA Lawyers appointed as your lawyers to represent you in the class action or simply register your interest with them to find out more.
To register your interest in this class action simply complete the Registration of Interest forms click here.
To complete your registration of interest simply click here and have the following information ready:
For help on where find this information, click here.
For a fast answer to some common questions, we suggest checking the Frequently Asked Questions section first. You might find your question has already been answered – simply click on the FAQS link in the top right corner of this page.
Send us a message using this form if you have already registered, or otherwise contact us by email at [email protected]. Alternatively, if you require an urgent response, call our team on +64 3 365-1347 during business hours.