Russell v Cockatoo Dockyard Pty Ltd and Anor [2004] NSWDDT 7

Russell v Cockatoo Dockyard Pty Ltd and Anor [2004] NSWDDT 7

Plaintiff suffered mild respiratory impairment resulting from asbestos-related pleural disease due to workplace exposure. General damages, agreed special damages, and a quantified amount for future medical monitoring were awarded based on medical evidence. No award was made for care, as need was not established on the balance of probabilities.

Parties
Plaintiff: Colin Russell; First Defendant: Cockatoo Dockyards Pty Ltd; Second Defendant: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
01 April 2004
Procedural Posture
Assessment of Damages After Admission of Liability / Judgment Following Assessment of Damages
Outcome
Judgment for the plaintiff for $35,495.65 in damages and costs; provision for further damages under s 11A Dust Diseases Tribunal Act 1989 if specified conditions develop.
Legal Topics
Asbestos Exposure, Dust Diseases, Damages Assessment, Occupational Health and Safety
Tort Personal Injury Asbestos Exposure Dust Diseases Damages Assessment Occupational Health and Safety

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Parties

Colin Russell

Plaintiff

Cockatoo Dockyards Pty Ltd

First Defendant

Commonwealth of Australia

Second Defendant

Procedural Posture

Assessment of Damages After Admission of Liability / Judgment Following Assessment of Damages

Legal Issues

  1. 1 Extent of plaintiff's respiratorily-related disability
  2. 2 Whether plaintiff will require future care
  3. 3 Appropriate quantum for general damages, out of pocket expenses, and future medical supervision

Ratio Decidendi

Plaintiff suffered mild respiratory impairment resulting from asbestos-related pleural disease due to workplace exposure. General damages, agreed special damages, and a quantified amount for future medical monitoring were awarded based on medical evidence. No award was made for care, as need was not established on the balance of probabilities.

Court Disposition

Judgment for the plaintiff for $35,495.65 in damages and costs; provision for further damages under s 11A Dust Diseases Tribunal Act 1989 if specified conditions develop.

Orders

  • Judgment for the plaintiff in the sum of $35,495.65
  • Defendants to pay plaintiff's costs