Blair Keown

Feb 14, 2024 | lexology.com | Samantha Brady |Georgina Terry |Blair Keown

On 7 February 2024, the Supreme Court of New Zealand released its much-anticipated judgment on Smith v Fonterra & Ors. The judgment, which concerned an appeal against strike-out, permits the novel climate change claim brought against several of New Zealand’s largest corporations, to proceed to trial. Whilst the substance of the claim remains to be determined conclusively, the Supreme Court’s judgment creates a potential pathway for the development of climate related tort-based common law actions.