Federal Court judges have reserved their decision after an appeal hearing over two proposed business interruption class actions.

Justice Michael Lee last year ruled against hearing covid-related business interruption claims involving four insurers as class actions, leaving policyholders to pursue cases individually.

Gordon Legal filed an appeal for Cody Gemtec Retail trading as the National Opal Collection versus underwriting members of Syndicate 2003 at Lloyd’s; and Strand Fitness and others versus QBE.

The appeal asserts that there remain substantial common issues between insurers and policyholders, and the court’s previous finding that the insurers’ private assessments would be more efficient was in error, the law firm says.

The full court appeal hearing in Sydney last Tuesday was presided over by justices Nye Perram, John Halley and Catherine Button.