White v James Hardie New Zealand

[2020] NZHC 216

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2015-404-2981 (WHITE)

[2020] NZHC 216

BETWEEN

KAREN LOUISE WHITE AND THE PERSONS LISTED IN SCHEDULE 1

Plaintiffs

AND

JAMES HARDIE NEW ZEALAND

First Defendant

STUDORP LIMITED
Second Defendant

JAMES HARDIE NZ HOLDINGS
Third Defendant

RCI HOLDINGS PTY LIMITED
Fourth Defendant

(Continued next page)

Hearing:

On the papers

Counsel:

B Gray QC, A J Thorn and R A Havelock for Plaintiffs in White matter

C M Meechan QC, J K Stewart and C L Gordon for Plaintiffs in Waitakere matter
J A McKay and J I Kerkin for Defendants

Judgment:

19 February 2020

JUDGMENT (NO 6) OF WHATA J

This 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 Registrar Date: ………………………….

WHITE v JAMES HARDIE NEW ZEALAND [2020] NZHC 216 [19 February 2020]

JAMES HARDIE AUSTRALIA PTY LIMITED

Fifth Defendant

JAMES HARDIE RESEARCH PTY LIMITED
Sixth Defendant

JAMIES HARDIE INDUSTRIES PLC
Seventh Defendant

CIV-2015-404-3080 (WAITAKERE GROUP LIMITED)

BETWEEN

WAITAKERE GROUP LIMITED & ORS

Plaintiffs

AND

JAMES HARDIE NEW ZEALAND

First Defendant

STUDORP LIMITED
Second Defendant

JAMES HARDIE NZ HOLDINGS
Third Defendant

RCI HOLDINGS PTY LIMITED
Fourth Defendant

JAMES HARDIE AUSTRALIA PTY LIMITED

Fifth Defendant

JAMES HARDIE RESEARCH PTY LIMITED
Six Defendant

JAMES HARDIE INDUSTRICES PLC

Seventh Defendant

[1]    This judgment addresses the interlocutory application on notice by the defendants  for  stay  of  execution  of  Judgment  (No  5)  pending  appeal,  dated  17 February 2020.

[2]    In my Judgment (No 5), the defendants were ordered to file and serve amended sworn affidavits of documents (or, alternatively, a joint affidavit of documents) by  28 February 2020 (Order). On 10 February 2020, the plaintiffs’ solicitors were served with 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 of the Order pending the resolution of the appeal. The defendants also applied for entry on the fast track. Neither the White plaintiffs nor the Waitakere plaintiffs oppose a stay of the Order in principle (subject to reviewing the terms sought) and will be consenting to the fast track request.

[3]    Given that an order for stay is not opposed, I make the following order as sought:

(a)Execution of that part of my Judgment (No 5), delivered on 19 December 2019 in the Auckland High Court delivered as [2019] NZHC 3459 ordering that “each of the defendants individually file and serve, by 28 February 2020, sworn affidavits of documents, including all relevant documents, in the control of that defendant (but retaining the existing document ID numbers). Alternatively, the defendants file a joint affidavit which includes all relevant documents and identifies which defendants had control of each document” is stayed pending the result of the appellants’ appeal against that order; and

[4]Given that the application was not opposed, I make no order as to costs.