New ruling good news for leaky-building owners

New ruling good news for leaky-building owners

Leaky-building specialist, Dan Parker from Parker & Associates said the Supreme Court’s decision today in the Carter Holt versus Minister of Education appeal is good news for leaky-home owners.

“It’s great news. The Court has dismissed Carter Holt’s appeal, and upholds the Court of Appeal’s decision on essentially all points. It has found a product liability claim against a cladding manufacturer is arguable and is not subject to the 10-year limitation period under the Building Act.

“This is good news for those pursuing claims against manufacturers and suppliers of allegedly defective cladding products and systems.

Parker & Associates is acting in claims against James Hardie, issued in 2015. The claims are brought by a group of 89 owners of properties clad in Harditex or Titan Board. Claimants include residential and commercial property owners.

“We have had interest from other property owners including rest homes, churches and motels,” Mr Parker said.

Mr Parker’s group of plaintiffs has sought orders from the High Court for leave to proceed as a representative action (class action). The group also seeks an ‘opt-in’ period, to enable other plaintiffs to join the action. Judgment on that application has been reserved following a hearing in June this year.

For further information contact Parker & Associates, 04 499 0390, www.parkerandassociates.co.nz

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