ARTICLE · 18 JANUARY 2012

Issues of causation in asbestos case

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In addition to the substantial award of damages, this decision on appeal also considers issues of uncertain causation.

AustraliaLitigation, Mediation & Arbitration

Allison Hunt

David Guthrie

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On 30 August 2011, a Victorian Supreme Court jury returned a verdict in favour of a plaintiff suffering from mesothelioma in the amount of $1,150,000. The case is the first asbestos-related personal injury proceeding to run to verdict in Victoria in a number of years.

In addition to the substantial award of damages, the decision on appeal by the Victorian Supreme Court confronts similar issues of uncertain causation to those in Evans v Queanbeyan City Council [2011] NSWCA 230 (discussed in the September edition of the Public law report).

Background

On 29 March 2011, Eric King (the plaintiff) commenced proceedings against Amaca Pty Ltd (formerly James Hardie & Coy Pty Ltd) (Amaca) seeking damages in respect of mesothelioma he allegedly contracted as a result of exposure to asbestos.

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