Hart v Amaca Pty Ltd and Anor [2004] NSWDDT 10

Hart v Amaca Pty Ltd and Anor [2004] NSWDDT 10

The plaintiff's mesothelioma caused severe past and future pain, suffering, debilitation and loss of enjoyment of life, warranting substantial general damages and damages for loss of expectation of life. The claim for services to the plaintiff's aunt was not recoverable because there was insufficient evidence of an obligation arising from the relationship. The plaintiff had lost the capacity to provide home maintenance services to his wife, a member of his household to whom an obligation of care existed, and was entitled to Sullivan v Gordon damages for that loss, reduced to an eight year period with a 20 per cent deduction for vicissitudes or contingencies. Judgment was entered for the...

Jurisdiction
Australia
Judgment Date
20 February 2004
Procedural Posture
Action in Damages Arising From Asbestos Exposure and Mesothelioma / Judgment on Assessment of Damages After Defendants Did Not Contest Liability
Outcome
Verdict and judgment for the plaintiff against the defendants in the sum of $331,626, with the defendants to pay the plaintiff's costs.
Legal Topics
['asbestos Exposure' 'mesothelioma' 'pain and Suffering' 'loss of Expectation of Life' 'gratuitous Care' 'loss of Capacity to Provide Services to Others' 'sullivan V Gordon Damages']
['torts' 'personal Injury' 'dust Diseases' 'damages'] ['asbestos Exposure' 'mesothelioma' 'pain and Suffering' 'loss of Expectation of Life' 'gratuitous Care' 'loss of Capacity to Provide Services to Others' 'sullivan V Gordon Damages']

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Procedural Posture

Action in Damages Arising From Asbestos Exposure and Mesothelioma / Judgment on Assessment of Damages After Defendants Did Not Contest Liability

Legal Issues

  1. 1 ["What amount should be awarded for the plaintiff's pain and suffering caused by mesothelioma." 'What amount should be awarded for loss of expectation of life.' 'Whether the plaintiff was entitled to damages for the loss of capacity to provide services to his 82 year old aunt.' 'Whether the plaintiff was entitled to damages for the loss of capacity to provide home maintenance services to his wife.' 'What final verdict and costs order should be made.']

Ratio Decidendi

The plaintiff's mesothelioma caused severe past and future pain, suffering, debilitation and loss of enjoyment of life, warranting substantial general damages and damages for loss of expectation of life. The claim for services to the plaintiff's aunt was not recoverable because there was insufficient evidence of an obligation arising from the relationship. The plaintiff had lost the capacity to provide home maintenance services to his wife, a member of his household to whom an obligation of care existed, and was entitled to Sullivan v Gordon damages for that loss, reduced to an eight year period with a 20 per cent deduction for vicissitudes or contingencies. Judgment was entered for the...

Court Disposition

Verdict and judgment for the plaintiff against the defendants in the sum of $331,626, with the defendants to pay the plaintiff's costs.

Orders

  • ['Verdict and judgment for the plaintiff against the defendants in the sum of $331,626.' "The defendants are to pay the plaintiff's costs."]