Amaca Pty Limited (Under NSW Administered Winding Up) v Booth [2011] HCA 53

HIGH COURT OF AUSTRALIA

FRENCH CJ,

GUMMOW, HAYNE, HEYDON AND CRENNAN JJ

Matter No S219/2011

AMACA PTY LIMITED (UNDER NSW ADMINISTERED

WINDING UP) APPELLANT

AND

JOHN WILLIAM BOOTH & ANOR RESPONDENTS

Matter No S220/2011

AMABA PTY LIMITED (UNDER NSW ADMINISTERED

WINDING UP) APPELLANT

AND

JOHN WILLIAM BOOTH & ANOR RESPONDENTS

Amaca Pty Limited (Under NSW Administered Winding Up) v Booth

Amaba Pty Limited (Under NSW Administered Winding Up) v Booth

[2011] HCA 53

14 December 2011

S219/2011 & S220/2011

ORDER

In each matter, appeal dismissed with costs.

On appeal from the Supreme Court of New South Wales

Representation

J T Gleeson SC and N J Owens for the appellant in S219/2011 (instructed by Holman Webb Lawyers)

G M Watson SC with J C Sheller for the appellant in S220/2011 (instructed by DLA Piper Australia)

D F Jackson QC with S Tzouganatos for the first respondent in both matters (instructed by Turner Freeman Lawyers)

Submitting appearance for the second respondent in both matters

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Amaca Pty Limited (Under NSW Administered Winding Up) v Booth

Amaba Pty Limited (Under NSW Administered Winding Up) v Booth

Evidence – Expert evidence – First respondent sued appellants in Dust Diseases Tribunal of New South Wales – First respondent claimed exposure to asbestos fibres in breach of each appellant's duty of care caused his mesothelioma – First respondent's expert evidence that cumulative exposure to asbestos contributed to mesothelioma accepted at trial – Appellants led epidemiological evidence disputing link between exposure to asbestos of members of first respondent's profession and risk of mesothelioma – Whether inference of fact concerning contraction of disease reasonably open on evidence.