Piddlesden v Telstra Corporation Limited [2005] NSWDDT 39

Piddlesden v Telstra Corporation Limited [2005] NSWDDT 39

On the balance of probabilities, the plaintiff's lung cancer resulted from asbestos exposure during employment with Telstra Corporation Limited, and this exposure made a material contribution to the development of the cancer.

Parties
Plaintiff: Alan Piddlesden; Defendant: Telstra Corporation Limited
Jurisdiction
Australia
Judgment Date
27 July 2005
Procedural Posture
Personal Injury Damages Claim / Liability Judgment
Outcome
Verdict for the plaintiff
Legal Topics
Employer Liability, Asbestos Exposure, Causation of Lung Cancer
Tort Law Dust Diseases Litigation Employer Liability Asbestos Exposure Causation of Lung Cancer

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

Alan Piddlesden

Plaintiff

Telstra Corporation Limited

Defendant

Procedural Posture

Personal Injury Damages Claim / Liability Judgment

Legal Issues

  1. 1 Whether plaintiff's lung cancer was caused by asbestos exposure during employment with defendant
  2. 2 Extent of defendant's liability for asbestos-related disease

Ratio Decidendi

On the balance of probabilities, the plaintiff's lung cancer resulted from asbestos exposure during employment with Telstra Corporation Limited, and this exposure made a material contribution to the development of the cancer.

Court Disposition

Verdict for the plaintiff

Orders

  • The plaintiff is entitled to a verdict.