Kenneth Wallace v Amaca Pty Limited [2007] NSWDDT 4

Kenneth Wallace v Amaca Pty Limited [2007] NSWDDT 4

The plaintiff is entitled to an award for general damages based on the severity and progression of his mesothelioma, for certain periods and amounts of gratuitous care (as per Griffiths v Kerkemeyer), but is not entitled to out-of-pocket expenses for special food or juices due to lack of evidence. The claim under Civil Liability Act 2002 s 15B for loss of capacity to provide gratuitous domestic services fails due to insufficient evidence that such services were provided to a dependant incapable of self-care by reason of age or incapacity.

Parties
Plaintiff: Kenneth Wallace; Defendant: Amaca Pty Limited
Jurisdiction
Australia
Judgment Date
11 January 2007
Procedural Posture
Assessment of Damages / Judgment
Outcome
Verdict and judgment for the plaintiff in the sum of $185,386.98. Defendant to pay plaintiff's costs.
Legal Topics
Quantum of Damages, Mesothelioma, Dust Diseases, General Damages, Gratuitous Care, Loss of Capacity to Provide Domestic Services
Tort Law Personal Injury Quantum of Damages Mesothelioma Dust Diseases General Damages Gratuitous Care Loss of Capacity to Provide Domestic Services

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Parties

Kenneth Wallace

Plaintiff

Amaca Pty Limited

Defendant

Procedural Posture

Assessment of Damages / Judgment

Legal Issues

  1. 1 Assessment of general damages for mesothelioma
  2. 2 Entitlement to out-of-pocket expenses
  3. 3 Assessment of compensation for gratuitous care (Griffiths v Kerkemeyer)

Ratio Decidendi

The plaintiff is entitled to an award for general damages based on the severity and progression of his mesothelioma, for certain periods and amounts of gratuitous care (as per Griffiths v Kerkemeyer), but is not entitled to out-of-pocket expenses for special food or juices due to lack of evidence. The claim under Civil Liability Act 2002 s 15B for loss of capacity to provide gratuitous domestic services fails due to insufficient evidence that such services were provided to a dependant incapable of self-care by reason of age or incapacity.

Court Disposition

Verdict and judgment for the plaintiff in the sum of $185,386.98. Defendant to pay plaintiff's costs.

Orders

  • Judgment for the plaintiff in the sum of $185,386.98.
  • The defendant will pay the plaintiff's costs.