In asbestos-related mesothelioma claims, a cause of action in negligence accrues when changes to mesothelial cells commence following exposure to asbestos, not when mesothelioma is later diagnosed. Hindsight may be used to establish that those cellular changes constituted compensable damage, even though the changes were not discoverable at the time. The decision of the NSWCA in Orica does not govern cases where the intermediate stage of cellular change (as distinct from initial fibre penetration or later mesothelioma onset) is in issue.
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