James Hardie Court case

On 3 May 2012, the High Court of Australia has found the 7 directors of James Hardie breached their duties by approving the James Hardie stock exchange release of a misleading statement.

Just over 10 years ago, James Hardie moved its asbestos liabilities into an asbestos foundation and in the statement they said this foundation was “fully funded” to meet future asbestos compensation claims, including claims for those suffering mesothelioma.

The Australian Securities and Investment Commission (ASIC) commenced legal proceedings against the 7 James Hardie directors.

The matter now goes back to the Court of Appeal who will determine a number of matters, including penalties.

James Hardie drops High Court appeal in mesothelioma case

In 2011, a Victorian Court awarded $730,000 pain and suffering damages to a gentleman suffering mesothelioma. This amount of monies far exceed awards made in other states of Australia

In April 2012, an appeal by James Hardie to the High Court of Australia on the level of this compensation was abandoned just hours before the High Court was to determine this issue.

This award, and the decision by James Hardie to abandon their High Court appeal, may well lead to an increase in the compensation paid to sufferers of asbestos conditions, and in particular those suffering mesothelioma.

James Hardie Book

The ABC journalist Matt Peacock undertook extensive research when writing this book. He interviewed many former employees of James Hardie, some who were suffering mesothelioma, the asbestos related cancer.

Matt Peacock is no stranger to the dangers of asbestos. In 1977 he presented in a radio series warning of the dangers of asbestos.

The book looks at the James Hardie management system over many years and identifies what was known through his many interviews.

Use of James Hardie products have resulted in many persons suffering mesothelioma in Australia.