Downes v Amaca Pty Ltd [2010] NSWDDT 10

Downes v Amaca Pty Ltd [2010] NSWDDT 10

The Tribunal was unconvinced that the trial judge found the plaintiff to suffer from asbestosis at the relevant time. Medical and factual uncertainty did not support the inclusion of additional medical expenses for asbestosis. Judgment sum and orders should remain as previously entered.

Parties
Plaintiff: John Downes; Defendant: Amaca Pty Ltd
Jurisdiction
Australia
Judgment Date
29 July 2010
Procedural Posture
Appeal (remitted Issue) / Post Judgment Rehearing on Remitted Issue
Outcome
Judgment for the plaintiff as previously entered; further damages claimable if mesothelioma, asbestos induced carcinoma, or lung cancer develops.
Legal Topics
Asbestos Related Disease, Medical Expenses, Dust Diseases Tribunal, Assessment of Damages
Tort Law Compensation Law Asbestos Related Disease Medical Expenses Dust Diseases Tribunal Assessment of Damages

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Parties

John Downes

Plaintiff

Amaca Pty Ltd

Defendant

Procedural Posture

Appeal (remitted Issue) / Post Judgment Rehearing on Remitted Issue

Legal Issues

  1. 1 Whether the plaintiff suffers asbestosis in addition to asbestos related pleural disease
  2. 2 Whether medical expenses for asbestosis should be included in damages
  3. 3 Whether the previous judgment included a finding of asbestosis

Ratio Decidendi

The Tribunal was unconvinced that the trial judge found the plaintiff to suffer from asbestosis at the relevant time. Medical and factual uncertainty did not support the inclusion of additional medical expenses for asbestosis. Judgment sum and orders should remain as previously entered.

Court Disposition

Judgment for the plaintiff as previously entered; further damages claimable if mesothelioma, asbestos induced carcinoma, or lung cancer develops.

Orders

  • Judgment for the plaintiff in the sum of $135,005.
  • Plaintiff may claim further damages if he develops mesothelioma, asbestos induced carcinoma, and/or lung cancer.