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Civil litigation results

Supreme Court dismisses James Hardie’s application for leave to appeal the Court of Appeal judgment confirming the grant of representative proceedings and extending the opt in period to 30 January 2018

The Supreme Court has declined to grant James Hardie leave to appeal the 30 August 2017 Court of Appeal judgment to the Supreme Court.  The Court of Appeal judgment confirmed the High Court’s grant of representative orders, allowing the James Hardie Cladding Action to run as a class action.  It also extended the opt-in period to five months, expiring on 30 January 2018.  There is no further ability for James Hardie to appeal the representative orders or the opt-in period.  The opt-in date is final – all owners who wish to opt-in to participate in the class action must do so by 30 January 2018.  ..

Five month opt in period granted to join leaky-building class action

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.  ..

Cladding Action launches second claim against James Hardie for Titanboard owners

Today, law firm, Parker & Associates, added a second group of leaky property owners to the Cladding Action against James Hardie with a group of 22 commercial units alleging negligence and breach of the Fair Trading Act in relation to Titanboard. Titanboard is another James Hardie cladding product often used in commercial buildings from the mid-­1990s. The Titanboard claim is also being brought as a class action on behalf of other similarly affected property owners that may consent to join.  ..

High Court ruling means leaky building owners urged to file individual claims against James Hardie before December deadline

Following a High Court judgment last week, law firm Parker & Associates is urging homeowners who are eligible for the Cladding Action against James Hardie to move fast so that individual claims can be filed before the court closes on December 23.  ..

Leaky homes class action against James Hardie filed

A leaky homes class action has been filed in the Wellington High Court against Australian cladding maker James Hardie. ..

Leaky home owners apply to court for class action

The leaky home owners suing cladding manufacturer James Hardie are applying to the High Court for their case to be brought as a class action. ..

Law firm says it has more than 500 potential claimants for leaky homes class action against James Hardie

Law firm Parker & Associates says it now has more than 500 potential claimants for its leaky homes lawsuit against James Hardie Industries, transforming the case into a class action against the maker of Hardiflex cladding. ..

Cladding Action – legal update

James Hardie has recently applied to strike out the first claim in the Cladding Action claim asserting that the claim is barred by the 10 year long stop in the Building Act. That application will be opposed and we will rely on the recent decision of the Court of Appeal in the leaky schools litigation between the Ministry of Education and cladding manufacturer Carter Holt, which held that the 10 year long stop in the Building Act does not apply to this type of claim.  ..

Over 300 potential leaky building claimants are exploring eligibility for the Cladding Action against James Hardie ahead of December deadline

Over 300 property owners are being progressed as potential claimants in the Cladding Action against cladding manufacturer, James Hardie, two weeks after specialist litigation law firm and leaky building experts, Parker & Associates, announced it had filed the first claim and said it was forming a group to bring a class action or test case.  ..

Over 70 potential leaky building claimants are exploring eligibility for the Cladding Action against James Hardie ahead of December deadline

Over 70 property owners are being progressed as potential claimants in the Cladding Action against cladding manufacturer, James Hardie, four days after specialist litigation law firm and leaky building experts, Parker & Associates, announced it had filed the first claim and said it was forming a group to bring a class action or test case. ..