NSW Court of Appeal upholds decision that asbestos brake lining exposure from 1953 caused mesothelioma

Judgment date: 10 December 2010

Amaba Pty Ltd (under NSW administered winding up) v Booth; Amaca Pty Ltd (under NSW administered winding up) v Booth [2010] NSWCA 344

New South Wales Court of Appeal1

In Brief

A motor mechanic's exposure to asbestos brake linings was held to be sufficient to cause mesothelioma notwithstanding epidemiological studies. It was observed that by 1953 the risk of exposure to asbestos in an industrial setting where exposure was likely to be encountered weekly, daily or more often, over months or years, and the need to take precautions against the risk of serious injury was well documented. Background

At the age of 71 years, John William Booth (plaintiff) developed the fatal condition of mesothelioma arising out of his exposure to asbestos. Throughout the course of his life, the plaintiff was exposed to asbestos in both a domestic and occupational capacity. His occupational exposure to asbestos occurred between 1953 and 1983 whilst working as a motor mechanic and whilst handling brake linings which contained asbestos.

The plaintiff commenced proceedings in the Dust Diseases Tribunal of New South Wales against the two manufacturers/suppliers of the asbestos brake linings to which he was exposed; Amaba Pty Limited and Amaca Pty Limited (defendants).

On 10 May 2010, Curtis J delivered judgment in favour of the plaintiff in the amount of $362,640 plus costs.

The defendants filed proceedings in the Court of Appeal seeking to overturn findings made by Curtis J in respect to liability and damages.

Court of Appeal Decision

The 17 separate grounds of appeal are summarised as follows:

Whether expert evidence called by the plaintiff should have been admitted; Whether general and specific causation was established; Whether the injury to the plaintiff was foreseeable; Whether the defendants breached their duty of care to the...