Event and Time
Event Description
- Terence Roberts, who died in January 2023, allegedly suffered from mesothelioma due to exposure to asbestos dust and fibers.
- The plaintiffs, executors of Roberts’ estate, claim that exposures in Western Australia, South Australia, and Victoria contributed to his condition.
- The third defendant has applied to transfer the case from Victoria to the Supreme Court of South Australia to be heard in the South Australian Employment Tribunal (SAET).
Application and Claims
- Plaintiffs allege three periods of exposure:
- Western Australian Exposure: Allegedly due to visiting a blue asbestos mine and mill in the late 1950s. - South Australian Exposure: Employment with the third defendant from 1961 to 1977. - Victorian Exposure: Employment with the third defendant between 1983 and 1985.
- Plaintiffs argue that these exposures collectively contributed to Roberts’ mesothelioma.
Judicial Decisions
- The application by the third defendant to transfer the proceeding to South Australia was dismissed.
- The court determined that Victoria was the most appropriate jurisdiction for the hearing, based on the circumstances and history of the claims.
Dispute Points and Legal Basis
Dispute Points
- Plaintiffs’ Claims:
- Assert that Roberts’ exposure in Western Australia was significantly harmful during his childhood visit to the blue asbestos mine. - Claims of extensive exposure while employed in South Australia. - Allegation of additional exposure while employed at the Victorian office.
- Third Defendant's Arguments:
- Denies exposure to respirable asbestos dust during employment periods. - Argues that any exposure in Western Australia was environmental and negligible. - Claims that the Victorian exposure was minimal and comparable to that of the general public in Melbourne.