Shaw v Amaca Pty Ltd and Anor [2008] NSWDDT 3

Shaw v Amaca Pty Ltd and Anor [2008] NSWDDT 3

Because liability and entitlement to damages were admitted, and the evidence established severe progressive asbestos pleural disease, asbestosis, continuing breathlessness, reduced life expectancy, loss of earning capacity and increasing need for care, the plaintiff was entitled to judgment for assessed provisional damages of $450,151, with liberty to claim further damages if specified asbestos-related malignancies develop.

Jurisdiction
Australia
Judgment Date
14 February 2008
Procedural Posture
Action for Damages for Asbestosis and Asbestos Related Pleural Disease / Assessment of Provisional Damages After Liability Admitted
Outcome
Verdict for the plaintiff and judgment in the sum of $450,151.
Legal Topics
['asbestos Exposure' 'asbestosis' 'asbestos Related Pleural Disease' 'provisional Damages' 'assessment of Damages' 'economic Loss' 'care and Services' 'loss of Earning Capacity']
['tort Law' 'personal Injury' 'dust Diseases Compensation'] ['asbestos Exposure' 'asbestosis' 'asbestos Related Pleural Disease' 'provisional Damages' 'assessment of Damages' 'economic Loss' 'care and Services' 'loss of Earning Capacity']

Case Brief

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Procedural Posture

Action for Damages for Asbestosis and Asbestos Related Pleural Disease / Assessment of Provisional Damages After Liability Admitted

Legal Issues

  1. 1 ["What damages should be assessed for the plaintiff's asbestosis and asbestos related pleural disease." 'Whether provisional damages under s 11A of the Dust Diseases Tribunal Act 1989 are available in respect of tortious asbestos exposure outside New South Wales.' "Whether the plaintiff's breathlessness should be treated as caused by asbestos disease." 'What amounts should be allowed for pain and suffering, loss of amenities, economic loss, lost superannuation, pension bonus, and past and future care.']

Ratio Decidendi

Because liability and entitlement to damages were admitted, and the evidence established severe progressive asbestos pleural disease, asbestosis, continuing breathlessness, reduced life expectancy, loss of earning capacity and increasing need for care, the plaintiff was entitled to judgment for assessed provisional damages of $450,151, with liberty to claim further damages if specified asbestos-related malignancies develop.

Court Disposition

Verdict for the plaintiff and judgment in the sum of $450,151.

Orders

  • ['Verdict for the plaintiff and judgment in the sum of $450,151.' 'The plaintiff may claim further damages should he develop any of asbestos induced carcinoma, lung cancer or mesothelioma.' "The defendants will pay the plaintiff's costs as agreed or assessed and indemnity costs from 21 January 2009."]