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.
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:
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