Parker v Amaca Pty Ltd [2003] NSWDDT 5

The plaintiff is entitled to damages for asbestosis and asbestos-related pleural disease, including damages for associated anxiety and depression to the extent caused by asbestos exposure. The court apportioned damages to account for psychiatric injury arising both from compensable (asbestos) and non-compensable causes, and assessed each head of damages accordingly. The defendant's Calderbank offer was not open for a reasonable time and did not affect the costs order.

Jurisdiction: Australia
Judgment Date: 03 April 2003
Procedural Posture: Civil / Judgment
Outcome: Judgment for plaintiff
Legal Topics: ['asbestos Disease' 'negligence' 'assessment of Damages' 'psychiatric Injury' 'griffiths V Kerkemeyer Damages']

['torts' 'personal Injury'] ['asbestos Disease' 'negligence' 'assessment of Damages' 'psychiatric Injury' 'griffiths V Kerkemeyer Damages']

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Procedural Posture

Civil / Judgment

Legal Issues

1 ['Extent of damages for asbestosis and asbestos related disease' 'Assessment of damages for associated anxiety and depression' 'Attribution of psychiatric injuries to asbestos exposure versus other stressors' 'Appropriate quantum for general, special, and Griffiths v Kerkemeyer damages']

Ratio Decidendi

Court Disposition

Judgment for plaintiff

Orders

['Verdict and judgment for the plaintiff for $186,112.92' "Defendant to pay the plaintiff's costs as agreed or assessed"]