The High Court Has Spoken: Cause Before Contribution

On 3 March 2010, the High Court delivered an important decision (Amaca Pty Ltd v Ellis; South Australia v Ellis; Millennium Inorganic Chemicals Ltd v Ellis (2010) 263 ALR 576) holding that the asbestos exposure of a smoker who died of lung cancer was not, on its own, a cause of injury even when the medical and scientific evidence available was unable to definitively attribute the cancer to any particular cause.

Paul Cotton died of lung cancer. He had smoked between 15 and 20 cigarettes a day for over 26 years. He was also exposed to respirable asbestos fibres in the course of his employment with the South Australian Engineering and Water Supply Department (EWSD) and then later with Millennium Inorganic Chemicals Ltd (Millennium). During his employment with EWSD, Mr Cotton worked with asbestos cement pipes manufactured by Amaca (formerly James Hardie & Coy Pty Ltd) (Amaca). The executor of Mr Cotton's estate, Teresa Ellis (plaintiff), sued EWSD, Millennium and