Class Actions

Class actions represent a growing risk for businesses in New Zealand. They are complex, often involve substantial claims, and give rise to different considerations than those in other commercial disputes. And while litigation funders frequently back class actions, they can also provide funding options for corporate clients in non-representative cases.

Our leading experts have acted on class actions, and litigation-funded claims, across a broad range of industries.

We provide bespoke litigation advice for dealing with the complexities unique to representative claims, multi-plaintiff claims, and litigation-funded claims.

Class actions feature multiple parties and stakeholders with different agendas. Our specialists use their knowledge of evolving procedural and practical considerations, and expertise and resources in managing large-scale litigation, to effect a litigation strategy tailored to our clients’ objectives.

Our experience spans the many different types of class action and litigation-funded claims, including financial services and securities claims by investors, insolvency, product liability, public-sector tort, construction, and cross-border and multi-jurisdictional claims.

Work Highlights

Current and former directors of FNZ Group Limited

We are defending current and former directors of global financial services company FNZ Group against a purported class action proceeding by securityholders alleging unfair prejudice and breaches of directors’ duties in connection with capital raising transactions.

Hino Motors Limited

We defended TSE-listed Japanese heavy vehicle manufacturer Hino Motors against a class action proceeding by owners of certain Hino vehicles concerning regulatory and product liability issues. The parties have agreed to settle the proceeding, subject to Court approval.

Former directors of Arowana International Limited

We defended the former non-executive directors of ASX-listed Arowana International
Limited in a class action by investors in its subsidiary (former NZX-listed Intueri Education
Group Limited), who alleged breaches of financial markets obligations. The claim settled.

Ministry for Primary Industries

We defended MPI in the High Court in the "Kiwifruit Claim", a $400 million class action tort claim in negligence for biosecurity breaches in allowing the bacterial kiwifruit vine disease Psa-V into New Zealand.

Westpac New Zealand

We acted for Westpac in this high profile “bank fees” class action case brought against the major trading banks in New Zealand. The class action was withdrawn.

Insolvency

We act for leading insolvency practitioners pursuing claims subject to litigation funding, including claims against directors for breach of directors’ duties.

Various

We have also advised on multi-claimant cross-border product liability litigation in sectors including pharmaceuticals, medical devices, building materials, and consumer goods.