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Why this case is important
The implications of the Full Court decision interpreting s 8(2) of 2005 Act to extend to claims for contribution between tortfeasors are relevant to claims for exemplary damages. Section 9(2) of the 2005 Act provides:
The Court should make an award of exemplary damages in each case against a defendant if it is satisfied that the defendant:
(a) knew that the injured person was at risk of exposure to asbestos dust, or carried on a prescribed industrial or commercial process that resulted in the injured person's exposure to asbestos dust; and
(b) knew, at the time of the injured person's exposure to asbestos dust, that exposure to asbestos dust could result in a dust disease.
The Full Court decision which interprets s 8(2) of 2005 Act to extend to claims for contribution between tortfeasors, arguably now imputes the knowledge required to satisfy the requirement of knowledge in s 9(2) upon the third party defendant or co tortfeasor. That third party defendant may now be required to contribute toward a claim for exemplary damages in light of its imputed knowledge.
[1] Kourakis CJ, Peek and Stanley JJ.