31 Aug 2017
WHITE v JAMES HARDIE NEW ZEALAND [2017] NZHC 2105
- Citation
- [2017] NZHC 2105
- Court
- High Court
The Court refused summary judgment for JHNZH and RCIH because the plaintiffs established a real and arguable basis and factual materials (complaints records, provisions in subsidiary accounts, overlap of personnel) such that it could not be shown that the plaintiffs were bound to fail on the duty-to-warn/recall cause of action and related FTA claim; regarding JHI the Court set aside the protest to jurisdiction in part because the plaintiffs showed a good arguable case and a serious issue to be tried against JHI in relation to the duty-to-warn claim and associated FTA allegations, subject to t…