A Cessnock man awarded a record $2.2million payout for mesothelioma is stunned that BHP Billiton is appealing the verdict.
Steven Dunning, 54, won the settlement in July after Judge William Kearns of the Dust Diseases Tribunal described the case as "one of the worst cases of mesothelioma" he had seen.
At the time, Slater & Gordon lawyer Joanne Wade said she expected BHP Billiton to appeal the decision.
She said it had settled the rest of its Newcastle steelworks cases out of court but had fought Mr Dunning every step of the way.
In a statement on Friday, BHP Billiton said: "After careful consideration of the judgment, the company has concluded that the findings and application of legal principles made by the trial judge are such that review by the NSW Court of Appeal is warranted.
"As the matter is now before the court, it is not appropriate for any party to comment further."
Mr Dunning's wife, Roma Dunning, said on Friday that she and her husband were dismayed at the company’s "heartless" decision to keep fighting the case.
"Steven hasn’t seen a cent yet after four years of fighting,’’ Ms Dunning said.
"Three weeks after Steven’s verdict, BHP announced a profit for the year of $15billion.
"That’s $15,000million in one year. My Stephen was awarded $2.2million for their steelworks cancer and they don’t want to give him anything.
‘‘He has terminal mesothelioma. He is incredibly short of breath, he is on medication for pain and depression.
‘‘Every morning he gets out of bed and he vomits. He’s a grandfather to one little girl but he won’t see that girl grow up.’’
Ms Dunning said she hoped the appeal would fail but if BHP succeeded she expected Slater & Gordon would seek leave to appeal to the High Court of Australia.
Ms Wade said on Friday that BHP Billiton’s disappointing decision to appeal reflected its lack of compassion towards Mr Dunning.
"We think this appeal is baseless, but BHP has a right to exercise its financial muscle – and it has," Ms Wade said.
‘‘It has argued every available legal point for the duration of this case and it now continues to do so.
"It is not fair that Mr Dunning and his family are still caught up in this legal battle which has lasted for four years."
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