Alcan Gove Pty Ltd v. Zabic

Lower Court Judgment

27/03/2015 Supreme Court of the Northern Territory (Court of Appeal) (Riley CJ, Southwood J, Hiley J)

[2015] NTCA 2

Catchwords

Torts – Negligence – Essentials of action for negligence – Damage – Workers Rehabilitation and Compensation Act 1986 (NT) (“Act”) ss 52, 189(1)- Where respondent was employed by appellant between 1974 – 1977 and regularly removed and replaced insulation products which contained asbestos – Where between November 2013 and January 2014 respondent began to experience chest pains and breathlessness which were found to be symptoms of malignant mesothelioma – Where respondent brought an action for common law damages arising out of appellant?s negligence – Where s 52 of the Act abolished common law damages claims against employers for injuries or diseases arising after 1 January 1987 – Whether, when dealing with an injury or a disease of insidious onset, when has sufficient damage been suffered to give rise to a cause of action – Whether liability for a negligently-inflicted mesothelioma arise at the time the asbestos was inhaled or does it arise when the symptoms become apparent.

Short Particulars