King v Amaca Pty Ltd (under NSW administered winding up) [2011] VSC 422

This is a somewhat unusual example of a causation trial which was held before jury. A verdict was returned in favour of the plaintiff ($1.15m) on the basis of only 6 hours of asbestos exposure at Amaca’s (James Hardie) factory being a sufficient causal connection for the contraction of mesothelioma, over and above background exposure.

I refer you to the High Court transcripts in the hearing of the appeal in the matter of Booth in relation to causation issues, which continue to be ventilated in this area.

Brisbane Barrister – David Cormack

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