1 Sept 2015
AUCKLAND COUNCIL v JAMES HARDIE NEW ZEALAND [2015] NZHC 2098
- Citation
- [2015] NZHC 2098
- Court
- High Court
Section 141(4) plainly deems a new multi-unit claim brought within one year of withdrawal of an extant 2002 Act claim to have been brought on the date of the withdrawn 2002 Act claim; that deeming applies to the representative s19 multi-unit claim on a whole-of-complex basis so that the 15 owners here could rely on the earlier date and were not time barred; the Tribunal retained power to remove or include parties despite the Chief Executive's eligibility screening; joinder of James Hardie NZ as second plaintiff was appropriate.