Commonwealth of Australia v McLean

The Court of Appeal of New South Wales heard the matter of the Commonwealth of Australia v McLean. The dispute concerned the Commonwealth's liability for injuries sustained by Mr McLean, a former Commonwealth employee, who alleged that his employment exposed him to asbestos, leading to the development of malignant mesothelioma. Mr McLean sought damages for negligence and breach of statutory duty.

The primary legal issues before the Court were whether the Commonwealth owed a duty of care to Mr McLean regarding his exposure to asbestos, whether that duty was breached, and if so, whether the breach caused or materially contributed to his injury. The Court also considered the application of the principles of contributory negligence and the assessment of damages.

The Court of Appeal affirmed the trial judge's finding that the Commonwealth owed a duty of care to its employees to take reasonable steps to protect them from foreseeable risks of injury, including those arising from exposure to asbestos. It was held that the Commonwealth had breached this duty by failing to implement adequate safety measures and provide appropriate warnings about the dangers of asbestos. The Court also found that the asbestos exposure during Mr McLean's employment was a material contribution to his mesothelioma, applying the principles established in *Bonnington Castings Ltd v Wardlaw* and *John v F. Singleton & Sons Pty Ltd*. The Court dismissed the appeal regarding contributory negligence, finding no evidence to support such a claim. The appeal was dismissed, and the orders of the Supreme Court of New South Wales were affirmed.