Mario Di Cecco v Auqual pty Ltd (in Liquidation) [2002] NSWDDT 2

Mario Di Cecco v Auqual pty Ltd (in Liquidation) [2002] NSWDDT 2

The plaintiff was employed by the defendant until 31 March 1973, was exposed during that employment to noxious quantities of mineral dusts, developed silicosis as a result, and the defendant, having foreseen the risk and failed to take reasonably practicable precautions, was liable in damages. The evidence supported...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 February 2002
Procedural Posture
Claim for Damages for Lung Disease Contracted in Employment / Ex Tempore Judgment
Outcome
Verdict and judgment for the plaintiff against the defendant in the sum of $68,621.10.
Legal Topics
['silicosis' 'exposure to Mineral Dust' "employer's Duty of Care" 'general Damages' 'future Services' 'future Medical Expenses']
['personal Injury' 'negligence' 'employment' 'dust Diseases'] ['silicosis' 'exposure to Mineral Dust' "employer's Duty of Care" 'general Damages' 'future Services' 'future Medical Expenses']

Source-derived case record

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Procedural Posture

Claim for Damages for Lung Disease Contracted in Employment / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the plaintiff was employed by the defendant until 31 March 1973 or until September 1973.' "Whether the defendant was liable in damages for the plaintiff's silicosis caused by exposure to mineral dusts during employment." "What damages should be awarded for the plaintiff's disease, including general damages, services, out of pocket expenses and future medical expenses."]

Ratio Decidendi

The plaintiff was employed by the defendant until 31 March 1973, was exposed during that employment to noxious quantities of mineral dusts, developed silicosis as a result, and the defendant, having foreseen the risk and failed to take reasonably practicable precautions, was liable in damages. The evidence supported awards for general damages, future services, agreed out of pocket expenses and discounted future medical expenses, totalling $68,621.10.

Court Disposition

Verdict and judgment for the plaintiff against the defendant in the sum of $68,621.10.

Orders

  • ['Verdict and judgment for the plaintiff against the defendant in the sum of $68,621.10.' "The defendant is to pay the plaintiff's costs."]