CSR failed application to transfer asbestos case to NSW

CSR failed application to transfer asbestos case to NSW

Adviceline Injury Lawyers act for a Plaintiff who is claiming damages for the psychiatric injury she developed as a consequence of her father dying from mesothelioma. It is alleged that her father was exposed to asbestos products manufactured by CSR, and for which he was not warned of its danger. He was exposed to asbestos whilst working in Victoria, then later returned to his country of birth Greece. He then returned to Australia after being diagnosed with mesothelioma and he died in New South Wales. Our client is now living in the Greek island where she had lived with her father prior to his death. She has suffered a severe psychiatric condition as a consequence of his death and because of this, she has not worked since. Lawyers acting for CSR applied to have the proceedings transferred to New South Wales, but this was opposed by Adviceline. The Supreme Court Judge refused the application and ruled that the case should proceed in Victoria. CSR also sought security for costs from the Plaintiff on the basis that she was a foreign resident. Adviceline opposed this application, relying on long standing principles that "poverty is no bar to a litigant" and that impecuniosity should not be a basis to exclude a natural person from accessing justice. Due to her injuries, which we alleged were caused by the Defendant's negligence, the Plaintiff cannot work and could not afford to put up security for costs. The Judge has reserved his decision on this application.  

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