Amaca Pty Limited v Werfel & Anor

Amaca Pty Limited (Amaca) was the defendant in proceedings brought by the plaintiffs, Mr Werfel and another party, in the Supreme Court of New South Wales. The dispute concerned claims for damages for asbestos-related personal injury. The plaintiffs alleged that they had contracted mesothelioma as a result of exposure to asbestos fibres during their employment with Amaca. Amaca denied liability, arguing that the plaintiffs' claims were statute-barred. The case ultimately proceeded to the High Court of Australia.

The central legal issue before the High Court was whether the relevant limitation periods had expired at the time the plaintiffs commenced their proceedings. Specifically, the court had to determine the proper interpretation of the accrual of a cause of action for personal injury in circumstances where the injury, mesothelioma, has a long latency period and its progressive nature means that the full extent of the damage may not be immediately apparent. This involved considering the interplay between the common law principles governing the accrual of causes of action and the statutory provisions of the Limitation Act 1969 (NSW).

The High Court held that the cause of action for mesothelioma accrues at the time the disease manifests itself, not at the time of the initial exposure to asbestos. This decision affirmed the principle that for latent diseases, the limitation period begins to run when the plaintiff knows, or ought to know, that they have suffered an injury and that the injury was caused by the defendant's wrongful act or omission. The court reasoned that it would be unjust to bar a claim before the plaintiff could reasonably be aware of their injury and its cause, particularly in cases of diseases with long incubation periods.

The High Court dismissed Amaca's appeal, finding that the plaintiffs' claims were not statute-barred.