Court of Appeal decision a boost for Plaster Cladding class action

The recent Court of Appeal decision that claims by the Ministry of Education against cladding sheet and system manufacturer Carter Holt Harvey Ltd are not time-barred is welcome news to those home and building owners participating in the Plaster Cladding class action against plaster cladding manufacturers, says Auckland lawyer Adina Thorn (www.goodcladding.co.nz).

“This decision confirms that claims against product manufacturers are not covered by the 10-year time bar that applies in respect of building work. This paves the way for claims against product manufacturers”.

She says the Plaster Cladding class action is currently being put together from the more than 1,400 owners and body corporates who have registered their interest.

“We have had an overwhelming response to our call for registrations. The level of participation means we have been able to secure the high-quality legal and technical resources necessary to gain the backing of one of the world’s leading funders of such actions, Harbour Litigation Funding.

“We expect that owners determined to have a viable claim in factual and legal terms will soon be invited to join the “class”. The legal claim will then be progressed. The Court of Appeal’s decision is very positive news for owners, both for this action and for future actions.”

The full text of the judgment and reasons can be found at Judicial Decisions of Public Interest:

www.courtsofnz.govt.nz.

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