Nielsen v State Rail Authority of New South Wales & Ors [2005] NSWDDT 52

Nielsen v State Rail Authority of New South Wales & Ors [2005] NSWDDT 52

Damages for asbestosis and asbestos-related pleural thickening caused by occupational exposure to asbestos are to be apportioned between sequential tortfeasors according to percentage causal contribution, as assessed by expert evidence and inference from facts. Plaintiff entitled to damages against all defendants.

Jurisdiction
Australia
Judgment Date
12 October 2005
Procedural Posture
Negligence Claim for Personal Injury / Judgment
Outcome
judgment for the plaintiff with damages apportioned between defendants
Legal Topics
['negligence' 'personal Injury' 'asbestosis' 'liability Division' 'damages Assessment']
['tort Law'] ['negligence' 'personal Injury' 'asbestosis' 'liability Division' 'damages Assessment']

Case Brief

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Procedural Posture

Negligence Claim for Personal Injury / Judgment

Legal Issues

  1. 1 ['quantum of damages for asbestos-related injuries' 'division of liability between sequential tortfeasors']

Ratio Decidendi

Damages for asbestosis and asbestos-related pleural thickening caused by occupational exposure to asbestos are to be apportioned between sequential tortfeasors according to percentage causal contribution, as assessed by expert evidence and inference from facts. Plaintiff entitled to damages against all defendants.

Court Disposition

judgment for the plaintiff with damages apportioned between defendants

Orders

  • ['Judgment for plaintiff against State Rail Authority in the sum of $28,240.00.' 'Judgment for plaintiff against Power Technologies Pty Ltd and Delta Electricity in the sum of $112,960.00.' 'Order pursuant to s11A: leave to claim further damages if plaintiff develops mesothelioma, lung cancer or asbestos-induced...