Last week’s class action lawsuit against Johnson & Johnson is the latest high-profile case featuring Bankside’s leading commercial barristers.
Jason Goodall KC, Lauren Lindsay, and Josh Suyker have been instructed by JGA Saddler in what is set to be one of the largest class actions (by size of the class) in New Zealand’s history. The lawsuit alleges that an active ingredient in J&J and Kenvue’s nasal decongestant range is ineffective when taken orally. The case is being funded by Omni Bridgeway. Hundreds of thousands of New Zealanders are likely to have purchased products in the Codral, Benadryl and Sudafed range over the last twenty years.
Bankside has built a strong reputation for handling complex commercial disputes, particularly in the growing area of class action litigation.
Jason Goodall KC and Bridgette White are currently defending 24 Toyota dealers in the ongoing class action lawsuit against the dealers and Toyota. Bankside barrister Tom Weston KC acts for Toyota New Zealand. Filed in September 2023, the lawsuit alleges that 25,000 Hilux, Fortuner and Prado models have been fitted with a defective diesel particulate filter.
Previous class actions
Tom Weston KC defended one of the directors of Feltex Carpets Limited in an opt-in class action bought by Mr Houghton on behalf of around 3,600 shareholders of Feltex. In 2008, Mr Houghton sued the directors of Feltex and Credit Suisse, as Feltex’s former private equity owner. The litigation prompted several important judgments, including around the nature of litigation funding. Ultimately, 13 years later, the litigation was struck out because Mr Houghton did not pay the required security for costs. The Feltex case is considered to be the first case in the modern era of class actions.
Subsequently, the landmark Southern Response class action lawsuit which resulted in New Zealand’s first opt-out order, successfully obtained in the Court of Appeal and upheld by the Supreme Court, showcased Bankside expertise in this area. Philip Skelton KC, Kelly Quinn KC, and Carter Pearce represented more than 3,000 homeowners whose properties were destroyed or severely damaged in the Canterbury earthquakes and Tom Weston KC acted for the defendant, Southern Response Earthquake Services Limited. Previous Bankside barrister Kate Davenport KC, now Judge Davenport, appeared for the New Zealand Bar Association.
The Supreme Court’s 17 November 2020 decision, confirming that class actions can proceed on an opt-out basis and that New Zealand courts can effectively oversee them to ensure fairness, marked a major milestone for class actions in the country.
More recently, Jason Goodall KC and Michael Morrison have been acting as counsel for one of the defendants in the class action arising out of the collapse of the publicly-listed Intueri Education Group in 2017. The case was filed in 2020 and settled in 2024, with the High Court this week approving a scheme to distribute the settlement proceeds to class members.
Philip Skelton KC and Carter Pearce acted as counsel for the representative plaintiff in the A2 Milk class action, instructed by Thorn Law. The lawsuit, funded by Australian-based CHC Investment Fund III Pty Limited (a subsidiary of Court House Capital Pty Ltd), is “stayed” pending the resolution of the Australian case.
Philip Skelton KC, Samuel Jeffs and Carter Pearce have also been acting in one of the two class actions brought against CBL Corporation Limited (in liq) and its directors, following the collapse of the publicly-listed company in 2019. Jason Goodall KC defended CBL Corporation, on instructions from its liquidators, in both class actions and in two related proceedings brought by the FMA. The class actions were settled in September 2023, with the High Court approving a scheme to distribute the settlement proceeds to eligible CBL shareholders. One of the FMA proceedings against CBL Corporation has been resolved, with the other ongoing.
Bankside barrister Polly Pope has significant class action experience from her time at Russell McVeagh, including leading the solicitor team acting for ASB in a major class action defence, acting for funded plaintiffs in a product liability claim, and acting for a developer defendant in a construction defects claim brought on a representative basis by over 100 unit holders.
See all Bankside barristers specialising in class actions.
Further reading
portal.omnibridgeway.com/cases/register/JandJ-cold-and-flu-class-action-nz-overview
rnz.co.nz/news/business/500620/class-action-filed-against-toyota-over-defective-cars
portal.omnibridgeway.com/cases/register/cbl-corporation-ltd-shareholder-class-action-overview
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