Alcan Gove Pty Ltd v Zabic [2015] HCA 33: Asbestos Judgment Publication of Reasons

In a follow up to our previous article on Alcan Gove, the High Court has today (7 October 2015) delivered their reasons for judgment in the case of Alcan Gove Pty Ltd v Zabic [2015] HCA 33.

Brief Background to the Case

Mr Zabic (the respondent) was employed by Alcan Gove (the appellant) and brought a claim in the Northern Territory for damages. The respondent alleged that as a result of the appellant’s negligence, he was exposed to asbestos, and such exposure led to the development of the respondent’s mesothelioma. The case hinged around the limitations associated with claiming these kinds of damages. For more information on the background, see our previous article.

High Court Reasons for Judgment

The High Court unanimously held today (7 October 2015) that the appeal was dismissed with costs and that respondent was not statute-barred from suing the appellant in negligence in respect of mesothelioma he contracted as a result of inhaling asbestos fibres during his employment with the appellant.

The Court unanimously held that, on the evidence given at trial, it could be inferred that the "trigger" which led to the respondent's mesothelioma was present in the respondent's mesothelial cells when the initial changes to the cells occurred.  It followed that, because the mesothelial cell changes were bound to lead to mesothelioma, the respondent had suffered compensable damage at the time of the cell changes.  His cause of action in negligence therefore arose before 1 January 1987 (the date that was statute barred by the Workers Compensation Act (NT) (Act)) and his claim against the appellant was therefore not barred by the Act.

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Alcan Gove Pty Ltd v Zabic [2015] HCA 33