Dowell Australia Pty Ltd v Page

Dowell Australia Pty Ltd (the appellant) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the appellant's liability for injuries sustained by the respondent, Mr. Page, who had contracted asbestosis. Mr. Page had been employed by the appellant as a painter and decorator between 1957 and 1972, during which time he was exposed to asbestos dust.

The primary legal issues before the Court of Appeal were whether the appellant had breached its duty of care to Mr. Page by failing to take reasonable precautions to prevent his exposure to asbestos dust, and if so, whether that breach caused or contributed to his injury. The court also considered the appellant's argument that Mr. Page's claim was barred by the Limitation Act 1969 (NSW) due to the passage of time since his exposure and the diagnosis of his condition.

The Court of Appeal found that the appellant had breached its duty of care. It held that by 1967, the dangers of asbestos were sufficiently well-known that an employer had a duty to take reasonable steps to protect its employees from exposure. The court determined that the appellant had failed to implement adequate measures, such as providing respirators or ensuring proper ventilation, to mitigate the risks. Regarding the limitation period, the court applied the principles established in *Wardley v The Queen* and *Falas v The Queen*, holding that the cause of action accrued when Mr. Page discovered, or ought to have discovered, that he had suffered injury, which was when he was diagnosed with asbestosis.

The appeal was dismissed, and the court affirmed the decision of the Supreme Court, finding the appellant liable for Mr. Page's injuries.