Lo Presti v Ford Motor Company of Australia Ltd [No 2]

In the case of Lo Presti v Ford Motor Company of Australia Ltd [No 2], the plaintiff, Mr Lo Presti, sued the defendant, Ford Motor Company of Australia Ltd, for personal injuries resulting from exposure to asbestos. The dispute arose from the defendant's manufacture and supply of cars equipped with brake linings containing asbestos, as well as the supply of such brake parts to other entities. Mr Lo Presti alleged that his pulmonary fibrosis was caused by his exposure to asbestos during his work as a professional mechanic, and that the defendant had failed to provide adequate warnings regarding the risks associated with asbestos exposure. The matter was heard in the Supreme Court of New South Wales.

The court was required to determine several legal issues, including whether the defendant owed a duty of care to the plaintiff, whether the defendant breached that duty, and whether the plaintiff's injuries were caused by the defendant's negligence. The central issue was whether the defendant, as a manufacturer or supplier of cars with brake linings containing asbestos, had a duty to warn professional mechanics of the risks associated with asbestos exposure, and if so, what form and means of communication would be considered reasonable under the circumstances.

The court found that the defendant did owe a duty of care to the plaintiff, as the risk of injury from asbestos exposure was foreseeable. It was held that the defendant should have taken reasonable steps to warn professional mechanics, such as Mr Lo Presti, of the risks associated with asbestos exposure. The court determined that the warnings should have been provided in writing, in a clear and prominent manner, and should have been included in the vehicle's service manual. Furthermore, the court found that the plaintiff's pulmonary fibrosis was indeed caused by exposure to asbestos, and that the defendant's breach of duty had directly contributed to the plaintiff's injuries.

The final orders of the court were that judgment be entered in favour of the plaintiff, Mr Lo Presti. The defendant, Ford Motor Company of Australia Ltd, was held liable for the plaintiff's injuries, and the plaintiff was awarded damages for his losses and suffering. The court's decision emphasised the importance of manufacturers and suppliers taking reasonable steps to warn users and professionals of the risks associated with their products, particularly in cases where the risks are well-known and the potential for harm is significant.