A WA man has won $2 million in compensation from James Hardie after the Western Australian Supreme Court found the building materials company negligent in dumping asbestos that caused him to develop mesothelioma.

The award ordered on Wednesday ended 42-year-old Simon Lowes's more than two years of legal battle with the James Hardie compensation fund, which denied responsibility for the cancer he developed for playing in an orphanage playground used as an asbestos dumpsite.

Judge Michael Corboy's decision on Wednesday said James Hardie should have never dumped asbestos at the Christian Brothers' orphanage at Castledare, where other children also played in a favorite miniature railway built from asbestos waste and inhaled asbestos dust.

Lowes was diagnosed in 2008 with mesothelioma, a fatal form of cancer caused by exposure to asbestos. He had undergone several surgeries, chemotherapy and medical tests.

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The James Hardie compensation fund refused to compensate Lowes leading into a two-week trial in April 2010. During the trial, it was revealed that the dumped asbestos was used as a base for the miniature railway and cover for roads and tracks. A company safety officer also told James Hardie that dumping asbestos in Castledare was "unwise."

"This has been a long struggle; but it has always been about making sure my two daughters are looked after. I just hope that the defendant accepts the umpire's decision and lets me get on with my life. I'd like to now spend time with my family and concentrate on staying healthy," said Lowes after learning the verdict, according to Perth Now.

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