Class Action Suit against Earthquake Lawyer and Distressed Lawyer

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Dean Kozanek / Staff

Bryan Staples wants to restore his reputation, which he says was damaged by a class action.

A class action lawsuit against a commissioned earthquake advocate and attorney appears to have hit a brick wall.

The 2019 representative action was taken against the Christchurch Claims Resolution Service (CRS) and Grant Shand Barristers and Solicitors.

In a decision issued in late December 2021, the Christchurch High Court rejected an application to replace the representative plaintiff of the class action — class actions must be led by one representative of the group — and rescinded the class action representative’s status.

Christchurch homeowner Carly Smith launched the suit in August 2018 claiming that the Shand and Claims Resolution Service, which is run by Bryan Staples, were not entitled to commissions, fees and expenses because the contract with her was unacceptable and her duties were breached.

Read more: * $225,000 awarded to Bryan Staples’ company and attorney after earthquake case dispute * Homeowner loses court appeal against prominent earthquake claims advocate * Quake champion Bryan Staples and attorney Grant Shand fail to stop class action

In February 2019, the Supreme Court allowed the lawsuit to continue as a class action because, around the same time, a number of former Staples clients were defending actions by the CRS in an effort to recover money owed.

The class action took a major blow in 2021 when the Supreme Court dismissed a lawsuit brought by Christchurch homeowner Lucia Festerer against CRS and Shand on similar grounds to Smith. Pfisterer has appealed the decision and is awaiting a hearing date.

Fixed pitches / things

A class action lawsuit against Grant Shand hit a brick wall.

Fearing judgment, Smith told her attorney, Grant Cameron of GCA Lawyers, that she no longer wanted to be the representative plaintiff, which meant Cameron had to find another representative. He found a willing couple but their agreement was conditional on Pfisterer winning her appeal.

Associate Justice Owen Poulsen said he left the court in an unsatisfactory position as it was asked to replace the plaintiff knowing that “the chances are good that they will later withdraw their consent to act in that capacity.”

“There is no indication that anyone else from the group represented would be willing to take his place should this happen.

Lawyers in favor of substitution argued that 23 parties wishing to join the representative procedure would lose the forensic and efficacy benefits of the class action, reducing their access to justice, if the substitution was refused.

CRS argued that the measure was promoted in a “propaganda fire” that was highly critical of CRS and Staples. The potential group said to be ready to join the procedure was initially estimated at 178 individuals, a number that influenced the Supreme Court and the Court of Appeals in allowing a representative procedure. The group was reduced to 23 and some of those would not qualify.

The company also said the replacement would cause it significant harm due to the delay.

Staples said he suffered damage to his reputation and spent about $600,000 in legal fees to defend the lawsuit. He was owed about $500,000 by seven clients who were not asked to pay while the proceedings were in progress.

STACY Pitches. / The things

Attorney Grant Cameron is handling a class-action lawsuit against Brian Staples and Grant Shand that appears to have failed.

Associate Judge Paulsen said the delays will long delay the ability of CRS and Shand to restore their reputations and the financial consequences for CRS could be severe.

“In my view, the interests of justice greatly influence the award of a substitution order.

“…it simply comes down to this; [the couple] They are not in a position to substitute them as plaintiffs due to the highly conditional nature of their application.”

The judge overruled the representation order granted in 2019 but ordered all parties who met the group’s criteria and who had given valid and timely notice to join the class action to join as plaintiffs in Smith’s proceeding.

He said Smith would have to seek court permission to stop the proceedings. He awarded CRS and Shand costs on the replacement procedure.

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