Wotton Kearny acted for the second respondent, HVG Pty Ltd – the Australian distributor of Alucobond PE and PLUS aluminium composite panels – in a Federal Court of Australia class action widely known as the “Alucobond Class Action”. Judgment was handed down today in favour of HVG and the other respondent.

We are delighted with the result which vindicates HVG’s position that there was nothing inherently defective in its products.

The proceeding, which sought damages in excess of $1.5 billion, was brought on behalf of those with an interest in Alucobond clad buildings across Australia.

The case raised complex issues under the Australian Consumer Law and its predecessor, the Trade Practices Act, including the availability of statutory consumer guarantees in a building context, market based causation, wide ranging allegations of misrepresentation and applicable limitation periods.

The matter was led by Wes Rose – Head of Property, Energy & Infrastructure, supported by Special Counsels Mark Hughes and Ryan Owens, Associate Christian Boustany and Solicitor Sean Slocombe.