An action commenced for 265 dairy farmers who claimed that the NZDB and the LIC were commercially motivated when they introduced a new animal evaluation model in 1996*. The claim was particularly complex and alleged misleading and deceptive conduct in developing the new model and that the resultant product was defective. The case lasted several years and was partially funded by large American corporations. It ultimately failed before the Court of Appeal.
*Among other things, the animal evaluation model uses all NZ herd testing data to produce supposedly reliable information against which farmers can make appropriate culling and breeding decisions.
GCA acted for South Island cardiac surgeons (SCI) when the government cancelled their contract to provide cardiothoracic services to patients. Proceedings for breach of contract were filed and substantial settlement was achieved on terms favourable to the surgeons.
This was a pro bono matter taken on behalf of 30 former rugby players who had suffered serious spinal injuries whilst playing rugby. Initially, the NZRFU took the view that injured players were “no longer members of the Union” and so owed them no duty. However, sustained media pressure resulted in the Union reviewing all cases and making changes to rules and training regimes etc. An insurance scheme was introduced securing immediate payment for any future victims. The Union also committed to pay several million dollars into a trust administered by the Rugby Foundation to assist both existing and future victims.
The claim arose principally from torture applied to nearly 300 children in Department of Social Welfare custody. All were state wards and a child psychologist systematically applied Electroconvulsive ‘treatment’ as a punishment regime, without any medical basis for doing so and without any pretense of following correct medical processes. A class action was brought against the Crown alleging breach of fiduciary duty and negligence. GCA represented 95 clients and recovered $6.5M and costs. The firm’s work also gave rise to a second process and the firm acted for another group of clients in that process. This resulted in further significant payouts for the firm’s clients and many millions to third parties.
Civil claims were initiated for a large number of farmers who were adversely effected by the sudden collapse of the Opuha Dam. All claims were promptly settled following offers from the dam owners.
On the 28 April 1995 a Department of Conservation viewing platform over the Cave Creek ravine (West Coast) collapsed, resulting in the deaths of 14 persons and serious injuries to four others. The Attorney-General appointed Grant Cameron to represent the estates, families and survivors through the subsequent Commission of Inquiry. That inquiry took many weeks and upon its conclusion, a civil action was brought against the Crown. (Principally, the proceedings were founded on 'nervous shock' tort claims and breach of fiduciary duty. Both compensatory and exemplary damages were sought). A specialist 'determination' process was agreed with the Crown where claims were heard in private before Sir Duncan Mcmullen, a retired Judge of the Court of Appeal. Substantial awards were made to all claimants.
The action was on behalf of a large group of women who suffered cancer misdiagnoses through negligence at Goodhealth Wanganui. (Some women were never treated for cancer conditions they suffered, and others suffered operations or other treatments when they did not have cancer at all). A leading edge case at the time on the availability of exemplary damages outside the statutory bar on personal injury actions (arising under NZ's statutory accident compensation regime). Litigation traversed many years but the case was ultimately resolved with the Crown offering a very attractive and beneficial statements to all clients.
The firm acted for 250 people who lost funds invested in Henshaw Edwards (Solicitors Nominee Company). The law firm collapsed as a result fraud by two of the partners. GCA brought claims against the NZLS Solicitors Fidelity Guarantee Scheme following convictions being entered against those former partners. The NZLS denied liability and the case caused much public controversy. GCA quickly obtained judgment (March 1993) and every NZ law firm partner had to then pay the sum of $10,000 into the Fidelity Guarantee Scheme, so the judgment could be met. The firm also negotiated a further $4.5M in costs and interest bringing the total recoveries to over $12M.
Morgan Jones, a child, fell through a safety rail onto the railway track near Kaikoura and suffered very serious injuries. An action was brought against TranzRail for exemplary damages. The case was settled on very advantageous terms.
Whale Watch suffered the capsize of one of its whale watching boats and a Taiwanese tourist was killed. The Transport Accident Investigation Commission initially product a report that indicated that Whale Watch had been negligent but through subsequent proceedings, the TAIC completely changed its stance and the matter was amicable resolved and the company was exonerated.
