The recent decisions of Amaca Pty Limited (under NSW
administered winding up) v Moss [2007] WASCA 162 and
Amaca Pty Limited (under NSW administered winding up) v
Hannell [2007] WASCA 158 show that breach of duty and
causation are still difficult to prove in dust disease
cases.
Facts
Mr Hannell was born in the UK on 23 October 1942. He
emigrated to Western Australia in 1981. In October 2005 he was
diagnosed with malignant mesothelioma. The only exposure to
asbestos that he could remember was when he worked with
asbestos cement (AC) products at his home on a
number of occasions between 1983 and 1990.
Mr Moss was born in the UK on 16 August 1927. He
migrated to Perth in 1989. He was diagnosed with mesothelioma
in November 2005. The only exposure to asbestos that he could
remember was when he worked with AC products at his home on
four separate occasions between 1989 and the early
