(Re Ali Berro As Executor of the Estate of the late Ahmad Berro) Sate of New South Wales v Amaba Pty Ltd [2017] NSWDDT 15

(Re Ali Berro As Executor of the Estate of the late Ahmad Berro) Sate of New South Wales v Amaba Pty Ltd [2017] NSWDDT 15

The deceased was exposed to asbestos dust from Amaba's brake linings during his employment; Amaba owed and breached a duty of care by failing to provide adequate warnings despite knowledge of risk, and apportionment between the State and Amaba is to be 50/50.

Jurisdiction
Australia
Judgment Date
15 December 2017
Procedural Posture
Cross Claim / Judgment After Hearing
Outcome
Verdict for the Cross-Claimant on the Cross-Claim.
Legal Topics
['asbestos Exposure' 'mesothelioma' 'breach of Duty' 'apportionment of Liability' 'contribution Between Tortfeasors']
['torts' 'personal Injury' 'occupational Health and Safety'] ['asbestos Exposure' 'mesothelioma' 'breach of Duty' 'apportionment of Liability' 'contribution Between Tortfeasors']

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Procedural Posture

Cross Claim / Judgment After Hearing

Legal Issues

  1. 1 ["Was the deceased exposed to asbestos dust from Amaba's products as a result of brake work conducted at the Eveleigh workshops during the course of his employment?" 'Was that exposure (if any) in breach of a duty of care owed by Amaba to the deceased?' 'What is the appropriate apportionment between the State and Amaba?']

Ratio Decidendi

The deceased was exposed to asbestos dust from Amaba's brake linings during his employment; Amaba owed and breached a duty of care by failing to provide adequate warnings despite knowledge of risk, and apportionment between the State and Amaba is to be 50/50.

Court Disposition

Verdict for the Cross-Claimant on the Cross-Claim.

Orders

  • ['Verdict for the Cross-Claimant on the Cross-Claim.' 'Parties to bring in short minutes of order to give effect to the judgment.' 'Court will hear the parties on costs.']