WHITE v JAMES HARDIE NEW ZEALAND [2020] NZHC 216

WHITE v JAMES HARDIE NEW ZEALAND [2020] NZHC 216 [19 February 2020]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2015-404-2981 (WHITE)[2020] NZHC 216BETWEEN KAREN LOUISE WHITE AND THEPERSONS LISTED IN SCHEDULE 1PlaintiffsAND JAMES HARDIE NEW ZEALANDFirst DefendantSTUDORP LIMITEDSecond DefendantJAMES HARDIE NZ HOLDINGSThird DefendantRCI HOLDINGS PTY LIMITEDFourth Defendant(Continued next page)Hearing: On the papersCounsel: B Gray QC, A J Thorn and R A Havelock for Plaintiffs in WhitematterC M Meechan QC, J K Stewart and C L Gordon for Plaintiffs inWaitakere matterJ A McKay and J I Kerkin for DefendantsJudgment: 19 February 2020JUDGMENT (NO 6) OF WHATA JThis judgment was delivered by me on 19 February 2020 at 4.30 pm,pursuant to Rule 11.5 of the High Court Rules.Registrar/Deputy RegistrarDate: .JAMES HARDIE AUSTRALIA PTY LIMITEDFifth DefendantJAMES HARDIE RESEARCH PTY LIMITEDSixth DefendantJAMIES HARDIE INDUSTRIES PLCSeventh DefendantCIV-2015-404-3080 (WAITAKERE GROUP LIMITED)BETWEEN WAITAKERE GROUP LIMITED & ORSPlaintiffsAND JAMES HARDIE NEW ZEALANDFirst DefendantSTUDORP LIMITEDSecond DefendantJAMES HARDIE NZ HOLDINGSThird DefendantRCI HOLDINGS PTY LIMITEDFourth DefendantJAMES HARDIE AUSTRALIA PTY LIMITEDFifth DefendantJAMES HARDIE RESEARCH PTY LIMITEDSix DefendantJAMES HARDIE INDUSTRICES PLCSeventh Defendant[1] This judgment addresses the interlocutory application on notice by thedefendants for stay of execution of Judgment (No 5) pending appeal, dated17 February 2020.[2] In my Judgment (No 5), the defendants were ordered to file and serve amendedsworn affidavits of documents (or, alternatively, a joint affidavit of documents) by28 February 2020 (Order). On 10 February 2020, the plaintiffs' solicitors were servedwith a notice of appeal against that Order. On 11 February 2020, the defendants'solicitors informed the plaintiffs' solicitors that the defendants would seek a stay ofthe Order pending the resolution of the appeal. The defendants also applied for entryon the fast track. Neither the White plaintiffs nor the Waitakere plaintiffs oppose astay of the Order in principle (subject to reviewing the terms sought) and will beconsenting to the fast track request.[3] Given that an order for stay is not opposed, I make the following order assought:(a) Execution of that part of my Judgment (No 5), delivered on19 December 2019 in the Auckland High Court delivered as [2019]NZHC 3459 ordering that "each of the defendants individually file andserve, by 28 February 2020, sworn affidavits of documents, includingall relevant documents, in the control of that defendant (but retainingthe existing document ID numbers). Alternatively, the defendants filea joint affidavit which includes all relevant documents and identifieswhich defendants had control of each document" is stayed pending theresult of the appellants' appeal against that order; and[4] Given that the application was not opposed, I make no order as to costs.