Deadline sought for joining $250m Kiwifruit claim

All kiwifruit growers have been invited to become plaintiffs for a one-off fee of $500, $1000 or $1500 depending on the size of their orchard

The combined losses of those who have already signed up for the Kiwifruit Claim were about $250 million, says spokesman Mathew Hooton. Applications filed with the statement of claim have asked the High Court to approve the representative action and litigation funding arrangements and amongst other things to set a deadline for other growers and post-harvest operators to join the claim.

Mr Hooton said the next step in the process would be a first call of the proceedings on February 23, 2015. He said the defendant had been ordered to file a notice of opposition and/or a statement of defence or an application to strike out the claim, together with an application for extension of time, by March 6, 2015.

The plaintiffs are represented by a committee consisting of Mr Cameron, Bob Burt and Grant Eynon. Representative plaintiffs for the High Court action were Strathboss Kiwifruit for growers and Seeka Kiwifruit Industries for post-harvest operators.

All kiwifruit growers have been invited to become plaintiffs for a one-off fee of $500, $1000 or $1500 depending on the size of their orchard. Post-harvest operators have been invited to join the class action for a one-off fee of $10,000.

Only growers and post-harvest operators that sign up to the action could benefit from any settlement or award of damages, said Mr Hooton.

Plaintiffs have been effectively indemnified against costs because the class action is being supported by litigation funder LPF Litigation Funding Limited, a New Zealand-owned company, chaired by former Court of Appeal and Supreme Court Judge Bill Wilson QC.

LPF announced the claim's funding agreement unconditional on November 19 and would therefore fund all legal costs including security for any adverse costs award in exchange a percentage of any settlement or award of damages.