Amaca Pty Limited (formerly known as James Hardie & Coy Pty Limited) v State of New South Wales

Amaca Pty Limited (formerly James Hardie & Coy Pty Limited) appealed to the High Court of Australia against a decision of the New South Wales Court of Appeal. The dispute concerned the extent of Amaca's liability for asbestos-related diseases contracted by former employees of the State of New South Wales. Amaca argued that the Court of Appeal had erred in its interpretation of the relevant legislation, specifically the *Workers Compensation Act 1987* (NSW) and the *Workers Compensation (Dust Diseases) Act 1942* (NSW), and in its assessment of the apportionment of liability.

The High Court was required to determine whether Amaca was entitled to contribution from the State of New South Wales in respect of common law damages paid by Amaca to workers who had contracted asbestos-related diseases. Central to this was the question of whether the State, as a former employer of these workers, owed a duty of care to them that was concurrent with or independent of Amaca's duty as a manufacturer and supplier of asbestos products. The Court also had to consider the effect of the statutory schemes for compensation for dust diseases on the rights of contribution between employers.

Gleeson CJ and McHugh J, in their joint judgment, held that the statutory schemes did not extinguish the common law right to contribution between tortfeasors. They reasoned that the State, by employing workers who were exposed to asbestos products manufactured and supplied by Amaca, had created a situation where both Amaca and the State owed duties of care to the workers. The Court found that the apportionment of liability between Amaca and the State should reflect the respective contributions of each to the workers' injuries, considering the duration and nature of the exposure to asbestos during their employment with each entity. The Court concluded that the Court of Appeal had erred in finding that the State was not liable to contribute.

The High Court allowed the appeal, setting aside the orders of the New South Wales Court of Appeal and remitting the matter to the Supreme Court of New South Wales for determination of the apportionment of liability between Amaca and the State of New South Wales.