Frequently Asked Questions

Nothing.

If you are due any amount from EQC as a result of this class action, the litigation funder will deduct a maximum fee of 15% (including GST) of any settlement monies received or judgment sum awarded.  You will never be asked to pay any money up front or pay for a share of any costs – it’s simply a deduction of up to 15% (including GST) from any amount you are entitled to receive once the class action is resolved.  You will not pay any legal fees.

Members of the class action will have no liability for legal or court costs if the class action is unsuccessful.

The class action is funded by Canterbury Litigation Funding Limited, and as well as completing an ‘opt in’ form you will also need to complete a litigation funding agreement with the funder at a later date

Now!

The High Court has now approved the format of the 'opt in' form, public notices as well as the Notice of Opt In Rights. The 'opt in' period begins on 8 May 2023 and closes at 5pm on 22 September 2023 (four and a half months). You can 'opt in' by completing the Opt In form in the 'Claim Documents' section and returning this to the High Court in Christchurch.

It is not possible at this stage to provide any specific figure on what you could expect to receive.  This is due to a variety of factors that are unique to each homeowner’s situation (for example how much EQC has already paid, the extent of the additional damage that is required to be repaired, etc).

Our team is reasonably confident that the case has merit, however, litigation is, by its very nature, inherently risky and it is not possible to predict the outcome, or how long the case may take to be finally resolved.  These On-sold claims obviously have some merit, otherwise the Crown/EQC would not have introduced the Government On-sold programme.

Running each individual claim through the courts would be costly and time consuming.  Being able to combine class member’s claims that involve common questions of fact and law, reduces the average cost of litigation by only addressing the common issues once at trial, instead of multiple times.

No, it costs nothing to register or to 'opt in'.

No.  

The Government On-sold programme has eligibility criteria that must be met and it is also optional.  Many homeowners will have reasons for not wanting to be part of the Government On-sold programme.  Many homeowners will not want to go through the stress and extended time it will take to complete repairs (and these will be extensive repairs given they are over the EQC cap) - some may be looking to move to a retirement home, some to relocate to be with family elsewhere - there are many reasons the Government On-sold programme would not be appropriate for many affected homeowners.  

They should not have to spend their precious time fixing an issue that was created by EQC.

Government On-Sold applications may be declined or discounted where applicants pursue litigation against EQC: however, EQC has not made any statements to the Court that homeowners who ‘opt in’ to the class action will have their Government On-sold applications declined or discounted.  

We expect that EQC will be sensible and place any applications to the Government On-Sold programme on hold until the class action is resolved.

If you have concerns you should seek independent legal advice or ask EQC directly.

No.

Registering or 'opting in' will not make you a client of Grant Shand Barristers & Solicitors.  Registering simply provides a way to keep you informed about developments and the progress of the class action, while 'opting in' is a process of the High Court to that officially records your intention.

Note that you can register without 'opting in' and you can 'opt in' without registering.