Anthony David Talifero v Amaca Pty Limited [2017] NSWDDT 14

Anthony David Talifero v Amaca Pty Limited [2017] NSWDDT 14

The only exposure to asbestos-containing building products established by the evidence related to James Hardie fibro sheets; medical evidence connected this exposure to the mesothelioma which caused Mr Talifero's suffering and death. Given that liability elements were admitted except for proof of exposure, and that...

Source-derived case information.

Parties
Plaintiff: Anthony David Talifero; Defendant: Amaca Pty Limited
Jurisdiction
Australia
Judgment Date
11 December 2017
Procedural Posture
Dust Diseases Damages Claim / Judgment After Hearing
Outcome
Judgment for the plaintiff against the defendant for $560,482. Defendant to pay plaintiff's costs. Matter stood over for mention regarding costs.
Legal Topics
Mesothelioma, Exposure to Asbestos, Damages, Gratuitous Attendant Care, Loss of Expectation of Life
Torts Personal Injury Dust Diseases Mesothelioma Exposure to Asbestos Damages Gratuitous Attendant Care Loss of Expectation of Life

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Parties

Anthony David Talifero

Plaintiff

Amaca Pty Limited

Defendant

Procedural Posture

Dust Diseases Damages Claim / Judgment After Hearing

Legal Issues

  1. 1 Exposure to James Hardie asbestos cement products
  2. 2 Quantum of damages

Ratio Decidendi

The only exposure to asbestos-containing building products established by the evidence related to James Hardie fibro sheets; medical evidence connected this exposure to the mesothelioma which caused Mr Talifero's suffering and death. Given that liability elements were admitted except for proof of exposure, and that damages evidence supported the claimed heads and quantum, judgment is for the plaintiff for $560,482.

Court Disposition

Judgment for the plaintiff against the defendant for $560,482. Defendant to pay plaintiff's costs. Matter stood over for mention regarding costs.

Orders

  • Judgment for the plaintiff against the defendant for $560,482.
  • Order the defendant to pay the plaintiff's costs.