Amaca Pty Ltd v Booth

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, HEYDON AND CRENNAN JJMatter No S219/2011AMACA PTY LIMITED (UNDER NSW ADMINISTERED WINDING UP)  APPELLANTANDJOHN WILLIAM BOOTH & ANOR  RESPONDENTSMatter No S220/2011AMABA PTY LIMITED (UNDER NSW ADMINISTERED WINDING UP)  APPELLANTANDJOHN WILLIAM BOOTH & ANOR  RESPONDENTSAmaca Pty Limited (Under NSW Administered Winding Up) v Booth Amaba Pty Limited (Under NSW Administered Winding Up) v Booth [2011] HCA 5314 December 2011S219/2011 & S220/2011ORDERIn each matter, appeal dismissed with costs. On appeal from the Supreme Court of New South WalesRepresentationJ T Gleeson SC and N J Owens for the appellant in S219/2011 (instructed by Holman Webb Lawyers)G M Watson SC with J C Sheller for the appellant in S220/2011 (instructed by DLA Piper Australia)D F Jackson QC with S Tzouganatos for the first respondent in both matters (instructed by Turner Freeman Lawyers)Submitting appearance for the second respondent in both mattersNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSAmaca Pty Limited (Under NSW Administered Winding Up) v BoothAmaba Pty Limited (Under NSW Administered Winding Up) v BoothEvidence – Expert evidence – First respondent sued appellants in Dust Diseases Tribunal of New South Wales – First respondent claimed exposure to asbestos fibres in breach of each appellant's duty of care caused his mesothelioma – First respondent's expert evidence that cumulative exposure to asbestos contributed to mesothelioma accepted at trial – Appellants led epidemiological evidence disputing link between exposure to asbestos of members of first respondent's profession and...