James Hardie and Coy Pty Ltd v Tompson v Anor

In *James Hardie and Coy Pty Ltd v Tompson v Anor* [1998] NSWCA 114, the New South Wales Court of Appeal considered an appeal by James Hardie and Coy Pty Ltd (the appellant) against a judgment of the Supreme Court of New South Wales. The dispute concerned the appellant's liability for damages arising from the respondent's exposure to asbestos.

The primary legal issue before the Court of Appeal was whether the appellant owed a duty of care to the respondent, a former employee, in relation to the risks of contracting asbestos-related diseases. Specifically, the court had to determine if the appellant had breached that duty of care by failing to take reasonable precautions to protect the respondent from exposure to asbestos dust during his employment.

The Court of Appeal affirmed the principles of negligence applicable to employers. It held that an employer owes a duty to take reasonable care for the safety of its employees, which includes a duty to warn of known or foreseeable risks and to implement appropriate safety measures. The court found that the appellant was aware of the dangers of asbestos exposure and had failed to implement adequate protective measures, thereby breaching its duty of care to the respondent. The appeal was dismissed.