Frequently Asked Questions

What are the advantages/disadvantages of joining the class action?

The key advantages of bringing a claim as a class action are being able to share legal costs between a larger group of people and pool resources together. It is often said that there is strength in numbers, and this is particularly true when claiming against a well-resourced defendant. For customers with relatively small losses, who may not consider it worth bringing a claim as an individual, a class action may be the best option.

Some of the disadvantages of a class action claim include less control over the process and that it will take longer for an outcome than pursuing a claim as an individual.

How long will the class action take?

Class actions such as the one proposed can take around 3-5 years or longer, depending on a number of variables. If the matter is able to be settled before trial, this will save time and costs.    

How much will I need to pay?

The proposed class action will be either self-funded or funded by a litigation funder. There are pros and cons with both options which affect how much each individual claimant will pay and receive if a class action is successful.

If the class action is self-funded, each claimant will be responsible for a share of the total legal costs. The larger the group, the less each claimant will need to pay. If the claim is unsuccessful, you will need to pay a share of the defendants’ costs.  

If the claim is funded by a litigation funder, the litigation funder will usually pay for all the legal costs for the group. In exchange for this, the litigation funder will usually take a success fee of 30-40% of any amount awarded by the Court (or settlement sum) in addition to the repayment of the legal and other costs. If the claim is unsuccessful, you will probably not need to pay anything.

What is the likelihood of success?

At this initial stage, we are seeking no-obligation registrations of interest in order to assess the strength and scale of the claim we are proposing. We will update you as we gather further information.

Can I bring a claim individually or do I have to join the class action?

Joining the proposed class action is your choice and you are free to bring an action as an individual claimant.

Can I join the class action if I have had damage, but this has been repaired?

Yes. If you can prove that you have suffered any loss, you are likely to be able to join the class action. Possible losses includes direct losses like the amount you paid to a mechanic and indirect losses like the amount you paid to hire another car.

Who is bringing the claim?

The proposed claim will be brought by McLean Law and led by its director, Callum McLean. Callum is an experienced litigator who is passionate about providing access to justice.

What happens after I register?

We will assess the information you have provided and be in contact with you. At a later stage, you may be invited to formally join a class action as a claimant.

For further information, please contact us on 09 600 2460 or lawclerk@mcleanlaw.co.nz