Appellate rights are procedural and governed by the law of the forum; s 118 of the Constitution does not require that the appellate rights available under the substantive law of another State be given effect in proceedings in a NSW tribunal. In asbestos exposure cases, foreseeability of risk is assessed by reference to whether any exposure to asbestos posed a risk that was not far-fetched or fanciful, and is not confined to knowledge of dangers of exposure above a particular accepted standard. The question left open is whether Wyong Shire Council v Shirt's formulation of reasonable foreseeability will survive High Court reconsideration following doubts expressed in Tame v New South Wales.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
2 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.