Published: 8:05AM Friday January 28, 2005
Source: AAP
James Hardie Industries could face hundreds of new asbestos
compensation claims if courts rule that New Zealand victims can sue
the building products company in Australia.
Lawyers on both sides of the Tasman are currently working on test
cases, hoping to circumvent current New Zealand law in order to
seek damages from James Hardie.
Graeme Little, a Sydney-based barrister, said he was working on
several of the test cases at the moment.
"In New Zealand, they have a no fault scheme, which means that you
can get compo, but you can't sue for damages," Little
explained.
"That limits your right to sue for damages in a court in New
Zealand. It doesn't say anything about suing in a court
overseas."
He said the cases needed to prove that the wrong occurred with
James Hardie in Australia and not when the victims inhaled asbestos
fibres in New Zealand.
"That's the issue that's before the courts at the moment and will
be resolved some time later this year," Little said.
Currently about 50 victims of asbestos-related lung cancers die in
New Zealand each year, with lawyers estimating that the majority of
cases were caused by James Hardie products.
These figures do not include other New Zealand victims with
asbestos-related diseases such as pleurisy.
When asked how many victims in New Zealand depended on these test
cases, Little replied: "It could be hundreds."
A New Zealand lawyer for asbestos victims, Hazel Armstrong, said
she was not optimistic about the cases succeeding.
"I think it's fairly unlikely. If the product was manufactured in
New Zealand and your exposure was in New Zealand, I think there are
quite a lot of hurdles to get through," she said.
A James Hardie spokesman said it was too early for the company to
speculate on the outcome of the cases.
In the meantime, New Zealand unions have pledged to work hard to
try to come to a settlement with the company similar to that
reached in Australia last December, which was the biggest in the
nation's history.
Union representatives hope to meet in Melbourne in a fortnight's
time so the Australian Council of Trade Unions (ACTU) can share its
experience with New Zealand counterparts.
"I'm in the process of setting it up," said Andrew Little, national
secretary for New Zealand's Engineering, Printing and Manufacturing
Union.
"I just want to get a briefing on the agreement that the ACTU done
with James Hardie.
"I want to get an idea of what it has involved to get to the point
that Australia has got to.
"Sadly the victims that were exposed (to asbestos) are starting to
die off at a pretty rapid rate. We don't have time on our
side."
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