Agius v Amaca and Anor [2007] NSWDDT 13

Agius v Amaca and Anor [2007] NSWDDT 13

The plaintiff was entitled to damages because the defendants did not dispute that he contracted asbestosis and asbestos related pleural disease through asbestos exposure in their employment. However, he did not prove on the balance of probabilities that his chest pain was pleural in origin or that he had a psychiatric disorder. The Tribunal preferred Dr Allen's objective evidence over Dr Heiner's evidence on respiratory impairment, finding the asbestos diseases mild to moderate and progressive, with part of the impairment due to asthma and obesity. Damages were assessed at $147,764.85, with liberty to claim further damages if specified asbestos diseases develop.

Jurisdiction
Australia
Judgment Date
25 July 2007
Procedural Posture
Provisional Damages Claim for Asbestosis and Asbestos Related Pleural Disease / Ex Tempore Judgment After Hearing
Outcome
Verdict and judgment for the plaintiff for $147,764.85, with costs payable by the defendant as agreed or assessed, and an order permitting further damages claims if specified diseases develop.
Legal Topics
['asbestosis' 'asbestos Related Pleural Disease' 'pleural Plaques' 'provisional Damages' 'loss of Earning Capacity' 'future Care' 'loss of Expectation of Life']
['dust Diseases' 'personal Injury' 'damages'] ['asbestosis' 'asbestos Related Pleural Disease' 'pleural Plaques' 'provisional Damages' 'loss of Earning Capacity' 'future Care' 'loss of Expectation of Life']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Provisional Damages Claim for Asbestosis and Asbestos Related Pleural Disease / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ["Whether the plaintiff's chest pain was pleural pain caused or affected by pleural plaques." 'Whether the plaintiff suffered a psychiatric disorder as a consequence of receiving the diagnosis of asbestos disease.' "The extent to which the plaintiff's respiratory impairment was caused by asbestos disease rather than asthma and obesity." 'The appropriate awards for general damages, loss of earning capacity, future care, loss of expectation of life, HIC payments and provisional damages.']

Ratio Decidendi

The plaintiff was entitled to damages because the defendants did not dispute that he contracted asbestosis and asbestos related pleural disease through asbestos exposure in their employment. However, he did not prove on the balance of probabilities that his chest pain was pleural in origin or that he had a psychiatric disorder. The Tribunal preferred Dr Allen's objective evidence over Dr Heiner's evidence on respiratory impairment, finding the asbestos diseases mild to moderate and progressive, with part of the impairment due to asthma and obesity. Damages were assessed at $147,764.85, with liberty to claim further damages if specified asbestos diseases develop.

Court Disposition

Verdict and judgment for the plaintiff for $147,764.85, with costs payable by the defendant as agreed or assessed, and an order permitting further damages claims if specified diseases develop.

Orders

  • ['There will be verdict and judgment for the plaintiff for $147,764.85.' "The defendant will pay the plaintiff's costs as agreed or assessed." 'The plaintiff may claim further damages should he develop any of the following diseases: mesothelioma, asbestos induced carcinoma or lung cancer.']