Bradley v Amaca Pty Ltd [2024] NSWDDT 1

Damages are assessed for a plaintiff with terminal mesothelioma. The sum awarded covers general damages, future care and medical expenses, loss of expectation of life, and specific out-of-pocket items based on expert medical evidence with no discount for vicissitudes, due to the certainty of the plaintiff's need for care and limited prognosis.

Parties: Plaintiff: Henry John Bradley; Defendant/cross Claimant: Amaca Pty Ltd; Cross Defendant: Seltsam Pty Limited
Jurisdiction: Australia
Judgment Date: 09 February 2024
Procedural Posture: Personal Injury (dust Diseases) / Quantum of Damages Following Establishment of Liability
Outcome: Judgment for the plaintiff
Legal Topics: Mesothelioma, Damages Assessment, General Damages, Future Care, Vicissitudes, Loss of Expectation of Life, Medical Expenses, Interest on Damages

Torts Personal Injury Dust Diseases Mesothelioma Damages Assessment General Damages Future Care Vicissitudes +3 more

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 10

Parties

Henry John Bradley

Plaintiff

Amaca Pty Ltd

Defendant/cross Claimant

Seltsam Pty Limited

Cross Defendant

Procedural Posture

Personal Injury (dust Diseases) / Quantum of Damages Following Establishment of Liability

Legal Issues

1 Assessment of damages for mesothelioma caused by asbestos exposure
2 Whether a discount for vicissitudes should be applied to future care and medical expenses
3 Correct calculation of multiple heads of damages

Ratio Decidendi

Court Disposition

Judgment for the plaintiff

Orders

Judgment for the plaintiff in the sum of $832,402.12.
The defendant is to pay the plaintiff's costs of the proceedings and such costs on an indemnity basis on and from 8 December 2023.