Bernard v Seltsam Pty Ltd

The plaintiff, Bernard, sued Seltsam Pty Ltd for negligence, claiming that his cancer was caused by his exposure to the defendant’s asbestos products. The case was heard in the Federal Circuit Court of Australia, where the defendant moved for a submission of no case to answer. The plaintiff, who was self-represented, did not present any evidence of exposure to the defendant’s asbestos products or causation of his cancer. The trial judge accepted the defendant’s submission and directed a verdict for the defendant.

The court had to determine whether the trial judge was correct to accept the defendant’s submission and whether the trial was fair. The plaintiff argued that the trial judge did not adequately ensure that the trial was fair. The court considered the procedure for making a submission of no case to answer and the duty of the judge to ensure a fair trial.

The court found that the trial judge was correct in accepting the defendant’s submission and directing a verdict. The trial judge followed the correct procedure and had considered the plaintiff’s evidence, albeit that it was insufficient. The court found that the trial was fair and that the plaintiff was given every opportunity to present his case. The court dismissed the appeal and affirmed the trial judge’s decision.

No orders were made by the court.