Vartuli v Alinta LGA Ltd [2007] NSWDDT 28

Vartuli v Alinta LGA Ltd [2007] NSWDDT 28

The plaintiff's asbestosis was caused by exposure to asbestos during employment with the defendant; damages are assessed and discounted for non-compensable factors, and the plaintiff may claim further damages under s 11A Dust Diseases Tribunal Act 1989.

Jurisdiction
Australia
Judgment Date
02 November 2007
Procedural Posture
Dust Diseases Tribunal Proceeding / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
['asbestosis' 'assessment of Damages' 'employer Liability']
['tort Law' 'dust Diseases' 'personal Injury'] ['asbestosis' 'assessment of Damages' 'employer Liability']

Case Brief

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Procedural Posture

Dust Diseases Tribunal Proceeding / Judgment

Legal Issues

  1. 1 ["Whether the plaintiff's asbestosis was caused by exposure to asbestos during employment with the defendant" 'Assessment of damages for asbestosis including loss of expectation of life and Griffiths v Kerkemeyer expenses' 'Entitlement to claim further damages under s 11A Dust Diseases Tribunal Act 1989']

Ratio Decidendi

The plaintiff's asbestosis was caused by exposure to asbestos during employment with the defendant; damages are assessed and discounted for non-compensable factors, and the plaintiff may claim further damages under s 11A Dust Diseases Tribunal Act 1989.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Plaintiff awarded $446,339.45; stay granted on all but $68,719.45 until further order' 'Plaintiff may claim further damages under s 11A Dust Diseases Tribunal Act 1989 for certain conditions' 'Leave granted to defendant under s 13(6) Dust Diseases Tribunal Act to apply for reconsideration of Griffiths v Kerkemeyer...