An attempt by James Hardie to undermine 20,000 future asbestos compensation cases has been rejected by the High Court of Australia in a majority ruling this week.

AMWU National President Paul Bastian described the ruling as a major outcome for current and future victims of asbestos related diseases. 

“This was an important case that could have placed in jeopardy compensation arrangements for thousands of people.”

John Booth, a retired brake mechanic suffering from mesothelioma was awarded $326,640 in compensation from the NSW Dust Diseases Tribunal in 2010 due to thirty years of exposure to James Hardie white asbestos.

The company subsequently launched appeals in state and federal courts against the judgment, culminating in a final appeal to the High Court.  

On Wednesday, the Court held that there was sufficient evidence to justify a finding by the Tribunal that asbestos from James Hardie manufactured brake linings caused Mr John Booth's mesothelioma.

Gerard McMahon of Turner Freeman (representing Mr Booth) said the ruling effectively ended the James Hardie argument that white asbestos wasn’t dangerous and it was the secondary background exposure to asbestos that was the cause of Mr Booth’s mesothelioma and not the work that he performed using James Hardie brake linings.

“By attacking the expert medical evidence that Mr Booth and others have relied on, James Hardie were trying to undermine the legal basis on which mesothelioma victims prove their cases.

“If successful the argument Hardie had used would have got itself off the hook and defeated any future compensation claims. They would have used the argument time and time again.

“For 11 years they have tried to get this argument up and now the argument has come crashing down.

“Hardie was using Mr Booth’s case as a vehicle for defeating future mesothelioma claims and they have failed.”

He said his client, who is yet to receive any compensation, was relieved with the outcome. 

“He’s very happy he’s been vindicated. He knew he was in for a fight but he felt it was important to see through for the sake of others.”

Mr Bastian paid tribute to Mr Booth and Turner Freeman.  

“This is an important victory. The ruling is an reaffirmation of medical science and it means compensation for victims of asbestos is back on a certain footing.”