James Hardie and Coy Pty Ltd v Coyle

In *James Hardie and Coy Pty Ltd v Coyle* [1998] NSWCA 113, the New South Wales Court of Appeal considered an appeal by James Hardie and Coy Pty Ltd (the appellant) against a judgment of the District Court of New South Wales. The dispute concerned a claim for damages for personal injury brought by the respondent, Mr Coyle, against the appellant.

The primary legal issues before the Court of Appeal were whether the appellant owed a duty of care to the respondent in relation to the supply of asbestos products, and if so, whether that duty had been breached. The court also had to determine whether the respondent's injury, asbestosis, was caused by the appellant's breach of duty, and if any contributory negligence on the respondent's part should reduce the damages awarded.

The Court of Appeal affirmed the principles of negligence applicable to manufacturers and suppliers of products, particularly in the context of inherently dangerous materials like asbestos. It was held that a manufacturer owes a duty of care to those who might foreseeably be injured by their products, even if the product is used in a way not intended by the manufacturer, provided that use is reasonably foreseeable. The court found that James Hardie had manufactured and supplied asbestos products which were known to be dangerous, and that they had failed to take reasonable steps to warn users of the risks associated with exposure to these products. The court also found that the respondent's condition was caused by this failure.

The appeal was dismissed, with the Court of Appeal upholding the decision of the District Court and the damages awarded to the respondent.