BI (Contracting) Pty Ltd v P H R Pty Ltd

BI (Contracting) Pty Ltd appealed a decision of the Dust Diseases Tribunal of New South Wales concerning liability for the death of Mr. R, who suffered from a dust-related condition due to asbestos exposure during his employment. The respondent, P H R Pty Ltd, was a sub-contractor on the site where Mr. R worked. The appeal concerned the apportionment of liability between the parties.

The primary legal issue before the Court of Appeal was whether the primary judge had erred in apportioning liability between BI (Contracting) Pty Ltd and P H R Pty Ltd. This involved considering the extent of each party's responsibility for Mr. R's exposure to asbestos dust and fibre, and whether P H R Pty Ltd, as a sub-contractor, had failed in its duty to warn or protect Mr. R. The court also considered the admissibility and significance of an affidavit, though it was ultimately deemed of no significance to the appeal.

The Court of Appeal upheld the primary judge's decision regarding the apportionment of liability. The court applied principles of negligence, considering the duty of care owed by a sub-contractor to workers on a site, particularly in relation to known hazards like asbestos. The court found that the primary judge had correctly assessed the contribution of each party to Mr. R's exposure and that the apportionment reflected the respective failures in duty.

The appeal was dismissed, and BI (Contracting) Pty Ltd was ordered to pay the costs of the appeal.