Manufacturer faces leaky homes class action

AUCKLAND: A class action lawsuit is alleging a major building product manufacturer never tested its product before selling it and once they knew it was not up to scratch, continued to sell it.

More than 1000 people are collectively seeking more than $200 million in a court battle over leaky homes against the James Hardie group of companies.

The mammoth case — six years since the first legal claim, involving more than 300 buildings and set down for four months — began in the High Court at Auckland yesterday.

The plaintiffs are arguing building materials company James Hardie sold them faulty, leaky exterior cladding called Harditex.

Lead lawyer Simon Hughes QC said the cladding was ‘‘inherently flawed’’; it both allowed water in, and did not allow it out, he said.

The legal action is under the Consumer Guarantees Act and the Fair Trading Act.

Mr Hughes said the defence’s case (which has not started yet) would say it was not the cladding at fault, but the builders — that bad workmanship was the problem.

Mr Hughes said given the number of buildings covered by the claim, a person would have to believe tens or hundreds of builders made the same mistakes.

The claim outlines that James Hardie knew or ought to have known the cladding did not work as it was being marketed.

Mr Hughes told Justice Christian Whata that the James Hardie group of companies was negligent in its actions. ‘‘There was no testing of any kind whatever on Harditex prior to its launch in relation to weathertightness.’’

Concerns were raised after testing in 1989 showed Harditex suffered ‘‘degradation’’ under extreme weather conditions.

The cladding was withdrawn from sale in 2005.

Mr Hughes said James Hardie’s lawyers could not find a single homeowner for this case who had the Harditex product on their home and had had no issues. — RNZ