Adams v Brewings Holdings Pty Ltd and Ors [2006] NSWDDT 12

Adams v Brewings Holdings Pty Ltd and Ors [2006] NSWDDT 12

The Tribunal was satisfied on the x-ray and CT evidence that the plaintiff had asbestos related pleural disease and mild asbestosis. His exposure while employed by Jones made a small material contribution, assessed in the order of 1 to 2.5 per cent, which was excluded from the damages assessment. The plaintiff's breathlessness was contributed to by both asbestos disease and cardiac disease, but the defendants could not disentangle the causal factors. Having regard to the plaintiff's symptoms, objective evidence, activity level, life expectancy evidence and the limited evidence supporting future care, provisional damages were assessed at $52,200, comprising general damages, agreed interest...

Jurisdiction
Australia
Judgment Date
03 May 2006
Procedural Posture
Claim for Provisional Damages for Asbestos Related Pleural Disease and Asbestosis / Judgment Assessing Provisional Damages After Liability Was Conceded Against the Remaining Defendants
Outcome
Verdict for the plaintiff and judgment for $52,200, with costs, and an order permitting recovery of further damages if specified asbestos-related malignancies develop.
Legal Topics
['asbestos Exposure' 'asbestos Related Pleural Disease' 'asbestosis' 'provisional Damages' 'material Contribution' 'evidentiary Onus to Disentangle Causes' 'griffiths V Kerkemeyer Expenses']
['dust Diseases' 'torts' 'personal Injury' 'damages'] ['asbestos Exposure' 'asbestos Related Pleural Disease' 'asbestosis' 'provisional Damages' 'material Contribution' 'evidentiary Onus to Disentangle Causes' 'griffiths V Kerkemeyer Expenses']

Case Brief

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Procedural Posture

Claim for Provisional Damages for Asbestos Related Pleural Disease and Asbestosis / Judgment Assessing Provisional Damages After Liability Was Conceded Against the Remaining Defendants

Legal Issues

  1. 1 ['Whether the plaintiff had developed asbestosis in addition to asbestos related pleural disease.' "What contribution the plaintiff's asbestos exposure while employed by H Jones and Company (Sydney) Pty Ltd made to his disease." "Whether the plaintiff's breathlessness should be attributed to asbestos disease or unrelated cardiac disease." 'What amount of provisional damages, interest and future Griffiths v Kerkemeyer expenses should be awarded.' 'Whether the plaintiff should be permitted to recover further damages if specified asbestos-related malignancies develop.']

Ratio Decidendi

The Tribunal was satisfied on the x-ray and CT evidence that the plaintiff had asbestos related pleural disease and mild asbestosis. His exposure while employed by Jones made a small material contribution, assessed in the order of 1 to 2.5 per cent, which was excluded from the damages assessment. The plaintiff's breathlessness was contributed to by both asbestos disease and cardiac disease, but the defendants could not disentangle the causal factors. Having regard to the plaintiff's symptoms, objective evidence, activity level, life expectancy evidence and the limited evidence supporting future care, provisional damages were assessed at $52,200, comprising general damages, agreed interest...

Court Disposition

Verdict for the plaintiff and judgment for $52,200, with costs, and an order permitting recovery of further damages if specified asbestos-related malignancies develop.

Orders

  • ['There will be a verdict for the plaintiff and judgment in the sum of $52,200.' "The defendants will pay the plaintiff's costs as agreed or assessed." 'The plaintiff may recover further damages in the event he develops pleural mesothelioma, peritoneal mesothelioma or asbestos related carcinoma of any organ.']