James Hardie v Hall (1998) 43 NSWLR 554
- casetreasury
- Aug 12, 2024
- 1 min read
Facts: The plaintiff (Pl) (NZ resident) working in New Zealand (NZ) for James Hardie subsidiary, exposed to asbestos in NZ. Pl brought claims against the NSW asbestos supplier and exporter , the defendant (D) (James Hardie) in NSW Dust Diseases Tribunal. Pl argued the torts occurred in NSW (to take advantage of NSW law).
Held: The locus deliciti for failure to warn and failure to provide a safe system of work was in NZ.