BI (Contracting) Pty Limited v University of Adelaide

BI (Contracting) Pty Limited appealed and the University of Adelaide cross-appealed to the Court of Appeal of New South Wales concerning a claim for damages for negligence. The dispute arose from the appellant's exposure to asbestos spray at a building site.

The Court of Appeal was required to determine whether, in 1961, there was a foreseeable risk of harm to an informed industry player from exposure to asbestos spray, and whether the evidence supported a finding of breach of duty. Further issues included the apportionment of liability between the employer, who had constructive knowledge of the risk, and the subcontractor, who had actual knowledge, and the admissibility of expert opinion evidence regarding the state of knowledge in 1961. The court also considered whether it was an error to order contribution on an indemnity principle.

The Court of Appeal found that the evidence was capable of supporting the conclusion that the risk of harm from asbestos spray was foreseeable to an informed industry player in 1961. The court applied principles of negligence, considering the foreseeability of harm and the standard of care expected of parties in the construction industry at that time. The apportionment of liability was upheld, with the court finding it not unreasonable to allocate 65 per cent to the employer and 35 per cent to the subcontractor, given their respective levels of knowledge. The admissibility of expert evidence was also affirmed.

Both the appeal and the cross-appeal were dismissed, with costs awarded to the respective parties.