Five month deadline to opt in from 31 August 2017.
Please contact our office if you have James Hardie Harditex or Titanboard cladding or would like more
information about the Cladding Action against James Hardie. Click the link to find out more about the
Cladding Action and to register your interest.
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More leaky-building owners will have the chance to join a self-funded class action against James Hardie after the Court of Appeal released a judgment today upholding the representative action and extending opt-in periods from two and 10 weeks to five months. Costs have also been awarded in favour of the owners. ..
Leaky building owners can now join the class action against James Hardie under a five month “opt-in period” granted by the Court of Appeal in Cridge v Studorp Limited [2017] NZCA 376. The Court of Appeal found that issues of duty, breach of duty and Fair Trading Act breach were sufficiently common to all owners to justify a representative or class action. Therefore, the claim had been properly brought as a representative case, stopping time “permanently” for limitation purposes for both the named plaintiffs and represented class members. The later coming into force of the 15-year limitation period under the Limitation Act was not a reason to limit the opt in period. Parker & Associates acted for the successful owners. *Stuart Dalzell, Partner, discusses the decision ..
