The Minister of Education and Others v James Hardie New Zealand [2018] NZHC 1732

The Minister of Education and Others v James Hardie New Zealand [2018] NZHC 1732

The Court held that the Building Act 10-year longstop applies to contribution claims; while Carter Holt's delay in serving third party notices was inordinate, the Councils did not establish sufficient prejudice to justify striking out the bulk of the claims; deficient particulars should be remedied by an order for...

Source-derived case information.

Citation
[2018] NZHC 1732
Parties
Plaintiffs (first to Fourth): Minister of Education and Others; First Defendant: James Hardie New Zealand; Second Defendant: Studorp Limited; Third Defendant / Plaintiff (contribution Proceeding): Carter Holt Harvey Limited; Fourth Defendant: CSR Building Products (NZ) Limited; Defendants / Third Parties (first to Fiftieth): Auckland Council and Other Territorial Authorities (listed in Schedule 1)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
13 July 2018
Procedural Posture
Interlocutory Applications Concerning Strike Out, Extension of Time and Consolidation in Multi Party Building/product Liability Proceedings / Costs Judgment Following Determination of Interlocutory Applications (judgment Delivered 13 July 2018)
Outcome
Costs awarded to the Councils as the overall successful party with reduction for partial success; Carter Holt's separate application for extension of time succeeded but its costs lie where they fall; limited number of time-barred contribution claims struck out; longstop applies to contribution claims.
Legal Topics
Contribution, Longstop Limitation Period, Strike Out, Extension of Time for Service, Pleading Particulars, Abuse of Process, Costs Allocation
Building Law Civil Procedure Costs Statutory Limitation Consumer Protection Contribution Longstop Limitation Period Strike Out +4 more

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Parties

Minister of Education and Others

Plaintiffs (first to Fourth)

James Hardie New Zealand

First Defendant

Studorp Limited

Second Defendant

Carter Holt Harvey Limited

Third Defendant / Plaintiff (contribution Proceeding)

CSR Building Products (NZ) Limited

Fourth Defendant

Auckland Council and Other Territorial Authorities (listed in Schedule 1)

Defendants / Third Parties (first to Fiftieth)

Procedural Posture

Interlocutory Applications Concerning Strike Out, Extension of Time and Consolidation in Multi Party Building/product Liability Proceedings / Costs Judgment Following Determination of Interlocutory Applications (judgment Delivered 13 July 2018)

Legal Issues

  1. 1 Whether the 10-year longstop limitation in the Building Acts applies to contribution claims
  2. 2 Whether delay in service of third party notices caused prejudice justifying striking out
  3. 3 Whether Carter Holt's pleadings lacked sufficient particulars or evidential foundation to justify strike out

Ratio Decidendi

The Court held that the Building Act 10-year longstop applies to contribution claims; while Carter Holt's delay in serving third party notices was inordinate, the Councils did not establish sufficient prejudice to justify striking out the bulk of the claims; deficient particulars should be remedied by an order for further particulars rather than wholesale strike out; a limited number of contribution claims that were clearly time-barred were struck out; Carter Holt was granted an extension of time to serve third party notices; overall costs were awarded to the Councils but reduced to reflect partial success (40% of scale, totaling NZD 11,812), and Carter Holt's separate application costs...

Court Disposition

Costs awarded to the Councils as the overall successful party with reduction for partial success; Carter Holt's separate application for extension of time succeeded but its costs lie where they fall; limited number of time-barred contribution claims struck out; longstop applies to contribution claims.

Orders

  • Costs awarded to Auckland Council and other territorial authorities in the sum of NZD 11,812.00 (40% of scale)
  • Disbursements on the Councils' application awarded in full