BHP Billiton is looking to avoid a $2.2 million payment to a dying mesothelioma victim.

The mining giant has launched an appeal against a court order to compensate former employee Steve Dunning after a four year legal battle.

Mr Dunning was exposed to asbestos dust from the blast furnaces at BHP’s Newcastle steelworks, when he worked there from 1979 to 1981.

He was diagnosed with mesothelioma in 2010, has had a lung removed and is considered terminally ill.

The NSW Dust and Diseases Tribunal found negligence on the part of BHP, and ordered the company to pay $2.2 million to Dunning, including $500,000 for pain and suffering.

A two day hearing has now begun in the Court of Appeal.

A BHP spokesperson said the appeal was launched against the “legal principles” of the original case.

“After careful consideration of the judgement, the company has concluded that the findings and application of legal principles made by the trial judge are such that review by the Court of Appeal is warranted,” the spokesperson said.

Slater and Gordon asbestos lawyer Joanne Wade said BHP’s decision to appeal was unfair.

“It's really frustrating that BHP filed an appeal in the case of a dying man and one of its ex workers,” she told the ABC.

“The company has argued every available legal point for the duration of this case and it continues to do so but it is not fair for Mr Dunning and his family.

“Mr Dunning is and will continue to suffer from mesothelioma and it will take his life.

“It is a very difficult situation for the family and hopefully it will come to an end very soon,” she said.

A legal loophole recently allowed Rio Tinto to avoid $425,000 compensation for former Nhulunbuy mine employee Zorko Zabic. 

Rio Tinto used a stipulation in the he Worker’s Rehabilitation and Compensation Act, which stated that such a claim had to be made before 1987, to get out of the bill.