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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

Parker & Associates - Tuesday, November 28, 2017

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.

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