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Thorn, who has been managing the funded class action, said the High Court had split the action into two stages. The first stage would be focussed on whether Harditex was defective, while the second stage would be to determine losses for homeowners, assuming they proved James Hardie’s product was defective.
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Lawyer Adina Thorn is acting on behalf of owners of leaky buildings against James Hardie. The owners alleged James Hardie knew, or ought to have known, its system failed, but kept manufacturing and supplying it, said Thorn. They would also argue that James Hardie had a legal duty to warn or inform homeowners about faults with its product, Thorn said.