Lawrence v BHP Billiton Ltd and Anor [2003] NSWDDT 19

Lawrence v BHP Billiton Ltd and Anor [2003] NSWDDT 19

Both defendants admitted breach of duty of care and causation relating to the plaintiff’s asbestosis; statutory immunity did not apply since the dust was not discharged from the works as defined nor absent negligence; the plaintiff entitled to damages including provisional damages given substantive interpretation of s 11A Dust Diseases Tribunal Act.

Parties
Plaintiff: Edward Lawrence; First Defendant: BHP Billiton Ltd (Formerly The Broken Hill Proprietary Company Ltd); Second Defendant: Amaca Pty Ltd (Formerly James Hardie & Coy Pty Ltd)
Jurisdiction
Australia
Judgment Date
04 September 2003
Procedural Posture
Action for Damages / Judgment
Outcome
verdict for plaintiff jointly and severally against each defendant; judgment entered
Legal Topics
Negligence, Breach of Duty of Care, Statutory Duties, Damages, Asbestosis, Provisional Damages
Tort Personal Injury Dust Diseases Negligence Breach of Duty of Care Statutory Duties Damages Asbestosis +1 more

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Parties

Edward Lawrence

Plaintiff

BHP Billiton Ltd (Formerly The Broken Hill Proprietary Company Ltd)

First Defendant

Amaca Pty Ltd (Formerly James Hardie & Coy Pty Ltd)

Second Defendant

Procedural Posture

Action for Damages / Judgment

Legal Issues

  1. 1 Whether the defendants breached their duty of care resulting in plaintiff's asbestosis
  2. 2 Whether statutory immunity under Steel Works Indenture Act applies
  3. 3 Entitlement to provisional damages under Dust Diseases Tribunal Act

Ratio Decidendi

Both defendants admitted breach of duty of care and causation relating to the plaintiff’s asbestosis; statutory immunity did not apply since the dust was not discharged from the works as defined nor absent negligence; the plaintiff entitled to damages including provisional damages given substantive interpretation of s 11A Dust Diseases Tribunal Act.

Court Disposition

verdict for plaintiff jointly and severally against each defendant; judgment entered

Orders

  • Judgment entered for plaintiff in the sum of $165,582.70 against both defendants, jointly and severally.
  • Defendants to pay plaintiff’s costs as agreed or assessed.