David Joliffe Robert Munro v Commonwealth of Australia [2001] NSWDDT 7

David Joliffe Robert Munro v Commonwealth of Australia [2001] NSWDDT 7

On the evidence, including a letter from the Commonwealth Department of Transport and admissions made in Church and Grace's letter of 22 August 2001, the plaintiff was employed by the entity whose obligations had been assumed by the Commonwealth; given the admitted foreseeable risk and available means of avoiding...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 October 2001
Procedural Posture
Damages Claim for Asbestos Related Mesothelioma / Ex Tempore Judgment
Outcome
Judgment for the plaintiff in the sum of $241,348.16, with the defendant to pay the plaintiff's costs.
Legal Topics
['asbestos Exposure' 'mesothelioma' 'employer Liability' 'general Damages' 'interest' 'loss of Expectation of Life' 'out of Pocket Expenses' 'past Services' 'costs']
['personal Injury' 'dust Diseases' 'damages'] ['asbestos Exposure' 'mesothelioma' 'employer Liability' 'general Damages' 'interest' 'loss of Expectation of Life' 'out of Pocket Expenses' 'past Services' 'costs']

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Procedural Posture

Damages Claim for Asbestos Related Mesothelioma / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the plaintiff was employed by an entity whose obligations had been assumed by the Commonwealth.' 'Assessment of damages for mesothelioma caused by asbestos exposure in the course of employment.']

Ratio Decidendi

On the evidence, including a letter from the Commonwealth Department of Transport and admissions made in Church and Grace's letter of 22 August 2001, the plaintiff was employed by the entity whose obligations had been assumed by the Commonwealth; given the admitted foreseeable risk and available means of avoiding it, the plaintiff was entitled to a verdict and damages assessed for his mesothelioma and related losses.

Court Disposition

Judgment for the plaintiff in the sum of $241,348.16, with the defendant to pay the plaintiff's costs.

Orders

  • ['Judgment for the plaintiff in the sum of $241,348.16.' "The defendant is to pay the plaintiff's costs."]