Thompson v CSR Ltd and Anor [2003] NSWDDT 7

Thompson v CSR Ltd and Anor [2003] NSWDDT 7

Because the plaintiff's pre-diagnosis fear of contracting an asbestos related disease was not shown to amount to a recognisable psychiatric illness, no damages were recoverable for that fear. The Tribunal was bound by New South Wales Court of Appeal authority in Sullivan v Gordon and therefore awarded damages for the plaintiff's inability to provide services to others, notwithstanding contrary South Australian authority. Damages were assessed and judgment entered for the plaintiff.

Jurisdiction
Australia
Judgment Date
04 April 2003
Procedural Posture
Claim for Damages for Mesothelioma Arising From Asbestos Exposure / Assessment of Damages After Liability Admitted
Outcome
Verdict and judgment for the plaintiff in the sum of $465,899.49, with costs payable by the defendants as agreed or assessed; stay granted as to $165,480 conditionally upon the defendants filing a Notice of Appeal within 28 days and applying for expedition of the appeal.
Legal Topics
['mesothelioma' 'asbestos Exposure' 'general Damages' 'damages for Fear of Contracting Disease' 'recognisable Psychiatric Illness' 'griffiths V Kerkemeyer Expenses' 'sullivan V Gordon Damages' 'services Provided to Others' 'interstate Common Law Authority']
['tort Law' 'personal Injury' 'dust Diseases' 'damages' 'conflict of Laws'] ['mesothelioma' 'asbestos Exposure' 'general Damages' 'damages for Fear of Contracting Disease' 'recognisable Psychiatric Illness' 'griffiths V Kerkemeyer Expenses' 'sullivan V Gordon Damages' 'services Provided to Others' 'interstate Common Law Authority']

Case Brief

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Procedural Posture

Claim for Damages for Mesothelioma Arising From Asbestos Exposure / Assessment of Damages After Liability Admitted

Legal Issues

  1. 1 ['Whether the plaintiff was entitled to damages for fear of developing mesothelioma or another asbestos related disease before mesothelioma developed, in the absence of a recognisable psychiatric illness.' 'What amount should be awarded for general damages, loss of life expectancy, loss of earning capacity, care expenses, out of pocket expenses and Sullivan v Gordon damages.' 'Whether the Dust Diseases Tribunal should award Sullivan v Gordon damages where the negligence occurred wholly in South Australia and the Full Court of the Supreme Court of South Australia had held that such damages were not available.']

Ratio Decidendi

Because the plaintiff's pre-diagnosis fear of contracting an asbestos related disease was not shown to amount to a recognisable psychiatric illness, no damages were recoverable for that fear. The Tribunal was bound by New South Wales Court of Appeal authority in Sullivan v Gordon and therefore awarded damages for the plaintiff's inability to provide services to others, notwithstanding contrary South Australian authority. Damages were assessed and judgment entered for the plaintiff.

Court Disposition

Verdict and judgment for the plaintiff in the sum of $465,899.49, with costs payable by the defendants as agreed or assessed; stay granted as to $165,480 conditionally upon the defendants filing a Notice of Appeal within 28 days and applying for expedition of the appeal.

Orders

  • ['Verdict and judgment for the plaintiff in the sum of $465,899.49.' "The defendants will pay the plaintiff's costs as agreed or assessed." 'As to $165,480, a stay is granted conditionally upon the defendants filing, within 28 days, a Notice of Appeal and applying for expedition of the appeal.']