Brown v. State of Victoria
The plaintiff sought leave to bring proceedings for damages against his employer, the State of Victoria, alleging that he had suffered from a serious injury arising out of his employment. He was a teacher in various public schools and had been exposed to heavy environmental smoke in staff rooms throughout the 1970s and 1980s. The plaintiff had suffered asthma since childhood, which was later aggravated. In addition, he developed emphysema, chronic bronchitis and bronchiectasis, and was on the waiting list for a double lung transplant.
The Court granted the plaintiff's application, noting that the aggravation of his condition arose out of his employment and exposure to environmental tobacco smoke.