13 Dec 2018
JAMES HARDIE INDUSTRIES PLC v WHITE [2018] NZCA 580
- Citation
- [2018] NZCA 580
- Court
- Court of Appeal
Where affidavit and documentary evidence, viewed collectively, disclose a credible factual narrative that an ultimate parent has taken steps amounting to assumed responsibility, exercised direct control, pooled technical resources or possessed superior knowledge relied upon by subsidiaries, a serious issue to be tried exists and the parent cannot be removed at interlocutory stage; therefore JHI's protest to jurisdiction was set aside and summary judgment applications by RCI and JHNZH were refused because factual matters warrant full trial and discovery.