KATIDIS v MMI LTD and ORS [1995] NSWCA 232

KATIDIS v MMI LTD and ORS [1995] NSWCA 232

As between the appellant and the second and third respondents, the combination of evidence regarding supply and use of asbestos products at the workplace was sufficient to draw the inference that the appellant was exposed to asbestos. As against the first respondent, no such inference could be drawn as the relevant evidence was not admissible or tendered against it.

Parties
Appellant: Apostolos Katidis; First Respondent: MMI Ltd; Second Respondent: Meggitt Overseas Ltd (formerly Bells Asbestos and Engineering (Australia) Ltd); Third Respondent: Wallaby Grip (BAE) Pty Ltd (in liquidation) (formerly Bells Asbestos and Engineering Pty Ltd)
Jurisdiction
Australia
Judgment Date
08 March 1995
Procedural Posture
Civil Appeal / Appeal From Judgment of Dust Diseases Tribunal of New South Wales
Outcome
Appeal dismissed against first respondent; appeal upheld against second and third respondents; new trial ordered against second and third respondents.
Legal Topics
Negligence, Evidence—inference, Dust Diseases, Mesothelioma, Product Identification
Tort Law Insurance Law Negligence Evidence—inference Dust Diseases Mesothelioma Product Identification

Case Brief

Summary, issues, holding and outcome

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Parties

Apostolos Katidis

Appellant

MMI Ltd

First Respondent

Meggitt Overseas Ltd (formerly Bells Asbestos and Engineering (Australia) Ltd)

Second Respondent

Wallaby Grip (BAE) Pty Ltd (in liquidation) (formerly Bells Asbestos and Engineering Pty Ltd)

Third Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment of Dust Diseases Tribunal of New South Wales

Legal Issues

  1. 1 Whether the trial judge erred in failing to infer that the appellant was exposed to asbestos in the workplace supplied by the second and third respondents
  2. 2 Whether the evidence established exposure to asbestos sufficient to attribute liability for mesothelioma against the respondents

Ratio Decidendi

As between the appellant and the second and third respondents, the combination of evidence regarding supply and use of asbestos products at the workplace was sufficient to draw the inference that the appellant was exposed to asbestos. As against the first respondent, no such inference could be drawn as the relevant evidence was not admissible or tendered against it.

Court Disposition

Appeal dismissed against first respondent; appeal upheld against second and third respondents; new trial ordered against second and third respondents.

Orders

  • Appeal dismissed as against the first respondent.
  • The appellant to pay the first respondent's costs.