Hudson v Amaca Pty Ltd [2022] NSWDDT 6

Hudson v Amaca Pty Ltd [2022] NSWDDT 6

The plaintiff is entitled to recover general damages for pain and suffering and for loss of expectation of life under both ACT and NSW law, as the ACT notice provisions are procedural and do not bar recovery. Damages for the estate are assessed according to the higher of the ACT or NSW figures. For dependency damages under Lord Campbell's Act, the quantum reflects the full commercial value of active and standby care that would have been provided by the deceased to his dependent son for the period the deceased would likely have lived but for mesothelioma, grounded in detailed factual and expert findings.

Jurisdiction
Australia
Judgment Date
21 November 2022
Procedural Posture
Civil / Judgment After Hearing on Damages
Outcome
Damages assessed for estate claim and Lord Campbell's Act claim; entry of final judgment deferred pending ascertainment of funds management costs; immediate payment order on the estate claim; costs ordered in plaintiff's favour; proceedings stood over generally for further issues or cross claim.
Legal Topics
['dust Diseases' 'mesothelioma' 'damages Assessment' 'choice of Law' 'survival Actions' 'dependency Claims' 'assessment of Domestic/carer Services']
['torts' 'personal Injury' 'compensation Law' 'conflict of Laws'] ['dust Diseases' 'mesothelioma' 'damages Assessment' 'choice of Law' 'survival Actions' 'dependency Claims' 'assessment of Domestic/carer Services']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Judgment After Hearing on Damages

Legal Issues

  1. 1 ['Whether plaintiff is entitled to general damages and damages for loss of expectation of life under ACT and NSW law;' "How damages are to be quantified for the benefit of the estate (survival claim) and under Lord Campbell's Act for the benefit of a dependent;" 'Whether ACT notice of claim provisions are substantive or procedural for the purpose of damages recovery.']

Ratio Decidendi

The plaintiff is entitled to recover general damages for pain and suffering and for loss of expectation of life under both ACT and NSW law, as the ACT notice provisions are procedural and do not bar recovery. Damages for the estate are assessed according to the higher of the ACT or NSW figures. For dependency damages under Lord Campbell's Act, the quantum reflects the full commercial value of active and standby care that would have been provided by the deceased to his dependent son for the period the deceased would likely have lived but for mesothelioma, grounded in detailed factual and expert findings.

Court Disposition

Damages assessed for estate claim and Lord Campbell's Act claim; entry of final judgment deferred pending ascertainment of funds management costs; immediate payment order on the estate claim; costs ordered in plaintiff's favour; proceedings stood over generally for further issues or cross claim.

Orders

  • ['Damages in estate claim assessed at $475,840.38.' "Damages under Lord Campbell's Act (for benefit of Joseph Hudson) assessed at $2,678,892 plus the costs of funds management." 'Entry of final judgment deferred pending ascertainment of the costs of funds management, by agreement or further hearing.' 'Defendant to...