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NT Supreme Court gives ‘new hope’ for asbestos-related lung cancer cases
A recent win in the Northern Territory Supreme Court has provided optimism for individuals who have lung cancer caused by exposure to asbestos, with the case set to provide hope for “all asbestos victims”.
Grace Robbie
A Darwin builder’s family has secured a landmark decision in Roussos v Amaca Pty Ltd in the Northern Territory Supreme Court, handed down earlier this week. This decision will, plaintiff firm Maurice Blackburn argued, undoubtedly “pave the way for hundreds of Australians” who pursue legal action and seek justice for asbestos-related illnesses.
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Maurice Blackburn brought the case against Amaca, a former manufacturer of asbestos products, on behalf of the estate of the late Iraklis Roussos, with the plaintiffs arguing that Roussos developed lung cancer due to regular exposure to asbestos dust while working as a builder.
The defendant contended that his cancer was correlated towards his significant smoking habit, in which he claimed that he had been “smoking 55 to 60 cigarettes a day” by the age of 30.
The Northern Territory Supreme Court noted that Roussos was diagnosed with lung cancer due to his prolonged exposure to asbestos during his decades of building work, despite his history of excessive smoking, and awarded the estate “more than $329,000 in damages and interest”.
Jonathan Walsh, principal lawyer at Maurice Blackburn and practice group leader of their Queensland, Northern Territory, and NSW dust diseases teams, underscored how this outcome is a significant result for the family but also for “all asbestos victims”.
“This is a landmark decision for all asbestos victims, but especially those who have asbestos-related lung cancer,” he said.
“This decision makes it clear that asbestos and smoke caused Iraklis Roussos’ cancer and death. The defendant tried to blame our client for his smoking alone, but the court agreed that the asbestos exposure made a material contribution to his lung cancer.
“The evidence also showed that people who smoke and have exposure to asbestos are 100 times more likely to develop lung cancer, compared with someone who was exposed to just one of the risk factors.”
Before the ruling was handed down, Walsh pointed out that the High Court decision in Amaca Pty v Ellis in 2010 made it challenging for individuals who had developed lung cancer due to asbestos exposure to claim compensation for the harm caused by the disease.
In that case, the plaintiff was unable to provide enough medical evidence to support their claim that the asbestos exposure significantly contributed to their illness due to the fact they had a history of smoking.
Walsh said: “This week’s decision for the Roussos family sets a new precedent for these kinds of cases, and opens up opportunities for others who have similarly suffered as a result of asbestos exposure.
“Three times as many people are diagnosed with asbestos-related cancer than mesothelioma in Australia, yet very few of these are brought as legal claims.
“This significant victory brings renewed hope for access to justice for Australians suffering with diseases caused by asbestos exposure.”
This is not the first time Amaca has faced compensation claims due to asbestos-related illnesses. Earlier this year, retired 79-year-old builder John Bradley from Canberra prevailed over the company after proving that his cancer diagnosis was a direct result of being exposed to asbestos-contaminated Amaca products.
