Nasr v Seltsam Pty Ltd and Anor [2004] NSWDDT 6

Nasr v Seltsam Pty Ltd and Anor [2004] NSWDDT 6

The plaintiff was entitled to damages only for the consequences of a 10 to 20 per cent impairment of lung function caused by asbestos related pleural disease. The evidence did not establish that the 1985 pleural effusion was caused by asbestos disease, and did not establish a recognised psychiatric illness caused by asbestos disease. General damages of $40,000 plus interest of $1,320 were awarded, and liability was apportioned 25 per cent to Seltsam Pty Ltd and 75 per cent to Amaca Pty Ltd based on the duration, intensity and nature of exposures with each employer.

Jurisdiction
Australia
Judgment Date
07 April 2004
Procedural Posture
Claim for Provisional Damages Pursuant to S 11 a of the Dust Diseases Tribunal Act, 1989 / Ex Tempore Judgment
Outcome
Verdict and judgment for the plaintiff against both defendants, with damages apportioned between them.
Legal Topics
['asbestos Related Pleural Disease' 'provisional Damages' 'causation' 'psychiatric Injury' 'apportionment' 'costs']
['dust Diseases' 'personal Injury' 'negligence' 'damages'] ['asbestos Related Pleural Disease' 'provisional Damages' 'causation' 'psychiatric Injury' 'apportionment' 'costs']

Case Brief

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Procedural Posture

Claim for Provisional Damages Pursuant to S 11 a of the Dust Diseases Tribunal Act, 1989 / Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the plaintiff's 1985 pleural effusion was caused by his asbestos related pleural disease or asbestos exposure." 'Whether the plaintiff suffered a recognised psychiatric disorder as a consequence of his asbestos disease.' "What damages should be awarded for the plaintiff's asbestos related pleural disease." 'How liability for damages should be apportioned between the defendants.']

Ratio Decidendi

The plaintiff was entitled to damages only for the consequences of a 10 to 20 per cent impairment of lung function caused by asbestos related pleural disease. The evidence did not establish that the 1985 pleural effusion was caused by asbestos disease, and did not establish a recognised psychiatric illness caused by asbestos disease. General damages of $40,000 plus interest of $1,320 were awarded, and liability was apportioned 25 per cent to Seltsam Pty Ltd and 75 per cent to Amaca Pty Ltd based on the duration, intensity and nature of exposures with each employer.

Court Disposition

Verdict and judgment for the plaintiff against both defendants, with damages apportioned between them.

Orders

  • ['Verdict and judgment for the plaintiff against the first defendant in the sum of $10,330.' 'Verdict and judgment for the plaintiff against the second defendant in the sum of $30,990.' "The defendants will pay the plaintiff's costs as agreed or assessed in the same proportion as their liability to pay damages."...