Class action against James Hardie

Date18 May 2021
Published date18 May 2021
AuthorJohn Weekes
About 1000 homeowners are involved in the $220 million class action lawsuit against Australian building materials company James Hardie.

The James Hardie group of companies denies the claims.

The lawsuit’s latest iteration began in the High Court at Auckland yesterday, at a trial expected to last until at least late September.

But legal battles preceding yesterday’s case have simmered for years, and the construction sector crisis stretches back decades.

Simon Hughes QC, one of the lawyers representing homeowners, said much of the case focused on the allegedly disastrous Harditex cement and wood fibre cladding system.

The main question, Hughes told Justice Christian Whata, was whether Harditex was inherently flawed.

“Does Harditex work as a barrier cladding system? Does it stop the water getting in at the start? We say no.”

He said water ingress, mould, and degradation of sheets were common problems.

Hughes told Justice Whata he expected James Hardie to blame “bad builders” for the leaky homes scandal.

But he said different builders and tradespeople worked on hundreds of different properties which now had “a very similar menu of problems”.

The product was introduced to New Zealand in 1987 and withdrawn in 2005, he said.

“The troubled history of Harditex is quite extraordinary. The defendants knew they had real problems with Harditex.”

Hughes said James Hardie should have ensured its system was weathertight in New Zealand conditions and would not damage plaintiff’s properties or health.

‘Seeped’ into building psycheHe said Harditex was marketed largely to builders, and James Hardie had an elaborate training programme for tradies.

“It was a soft sell.”

The court was told building industry merchants would then recommend Harditex to clients.

Hughes said...

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