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James Hardie Plc v White - [2019] 2 NZLR 49

$30.00

Court of Appeal Wellington
CA563/2017; [2018] NZCA 580
13, 14 June; 13 December 2018
French, Cooper and Winkelmann JJ
Consumer law — Corporate personality — Whether parent company owed duty of care in respect of operations of subsidiaries — Companies Act 1993, ss 15, 97 and 128.
Consumer law — Consumer guarantees — New Zealand subsidiaries of Australian parent company manufactured, marketed and sold building products alleged to be defective — Whether parent company liable for defective products as manufacturer — Whether parent directly involved in subsidiary’s manufacturing business — Whether parent had knowledge in connection with manufacture and technical specifications of products — Whether a serious issue to be tried on the duty of care causes of action — “Manufacturer” — Fair Trading Act 1986 — Fair Trading Act 1986, ss 9, 13 and 45.
Tort — Negligence — Whether parent company owed a duty of care in relation to defective products made, marketed and sold by subsidiary company — Whether parent directly involved in subsidiary’s manufacturing business — Whether parent had knowledge in connection with manufacture and technical specifications of products — Whether serious issues to be tried — Whether affidavit evidence sufficient to support issues raised.
Practice and procedure — Summary judgment — Whether possible to conclude on affidavit evidence that Fair Trading Act 1986 claims were bound to fail — Documentary record incomplete — Affidavit evidence sketchy — Fair Trading Act 1986, ss 9, 13 and 45.

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