(re Rowley) The University of Adelaide v BI (Contracting) Pty Limited [2007] NSWDDT 1

(re Rowley) The University of Adelaide v BI (Contracting) Pty Limited [2007] NSWDDT 1

BIC owed a duty of care to Professor Rowley as a bystander during spraying, breached that duty by failing to implement simple and low-cost steps to prevent exposure, and that exposure, though brief, caused his mesothelioma. The University is entitled to contribution from BIC at 35% of the judgment sum and associated proven costs.

Jurisdiction
Australia
Judgment Date
05 April 2007
Procedural Posture
Cross Claim / Judgment
Outcome
For the University of Adelaide (cross claimant), judgment for contribution against BI (Contracting) Pty Limited (cross defendant) at 35% of judgment sum plus costs, pending assessment.
Legal Topics
['duty of Care' 'breach of Duty' 'mesothelioma' 'asbestos Exposure' 'contribution Between Tortfeasors' 'causation']
['tort Law'] ['duty of Care' 'breach of Duty' 'mesothelioma' 'asbestos Exposure' 'contribution Between Tortfeasors' 'causation']

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Procedural Posture

Cross Claim / Judgment

Legal Issues

  1. 1 ['Whether BI (Contracting) Pty Limited owed a duty of care to Professor Rowley as a bystander to asbestos spraying in 1961.' 'Whether BI (Contracting) Pty Limited breached that duty of care.' "Whether the exposure caused Professor Rowley's mesothelioma." 'The extent of contribution (if any) that The University of Adelaide is entitled to recover from BI (Contracting) Pty Limited.']

Ratio Decidendi

BIC owed a duty of care to Professor Rowley as a bystander during spraying, breached that duty by failing to implement simple and low-cost steps to prevent exposure, and that exposure, though brief, caused his mesothelioma. The University is entitled to contribution from BIC at 35% of the judgment sum and associated proven costs.

Court Disposition

For the University of Adelaide (cross claimant), judgment for contribution against BI (Contracting) Pty Limited (cross defendant) at 35% of judgment sum plus costs, pending assessment.

Orders

  • ['Liberty to apply regarding costs component of cross-claim; application and affidavit to be filed by 20 April 2007; matter listed for directions on 20 April 2007.']