Dunning v BHP Billiton Limited [2014] NSWDDT 3

Published 03 Apr 2015

The plaintiff Mr Dunning, is a 54 year old man who sued his former employer, BHP Billiton, for exposure to asbestos whilst he was employed with them between 1979-1981. Mr Dunning claimed that BHP had been negligent in its failure to take precautions against the harms of asbestos.

BHP claimed that reasonable steps were taken in preventing any exposure.

Decision

Kearns J presided over this case. He found in favour of Mr Dunning in that there was a reasonably foreseeable risk of injury to Mr Dunning in his position during 1979-1981. In finding this, the particular aspects considered were: