Kennedy v Amaca Pty Ltd [2003] NSWDDT 21

Kennedy v Amaca Pty Ltd [2003] NSWDDT 21

In the absence of statutory limitation or prohibition, the quantification of damages for torts remains a procedural matter for the court of the forum and should not be determined by reference to lower quantum standards in the state where the tort occurred (Queensland); the unified common law of Australia applies, and damages are assessed by reference to fairness and the specific plaintiff's circumstances.

Parties
Plaintiff: Marjorie Kennedy; Defendant: Amaca Pty Ltd
Jurisdiction
Australia
Judgment Date
17 October 2003
Procedural Posture
Action for Damages / Assessment of Damages Following Admission of Liability
Outcome
Judgment for the plaintiff with damages awarded.
Legal Topics
Dust Diseases, Mesothelioma, Assessment of Damages, Choice of Law, Quantification of Damages, Pain and Suffering, Loss of Expectation of Life
Tort Law Dust Diseases Mesothelioma Assessment of Damages Choice of Law Quantification of Damages Pain and Suffering Loss of Expectation of Life

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Parties

Marjorie Kennedy

Plaintiff

Amaca Pty Ltd

Defendant

Procedural Posture

Action for Damages / Assessment of Damages Following Admission of Liability

Legal Issues

  1. 1 Whether damages for tort committed in Queensland should be assessed by reference to levels awarded in Queensland or under the general Australian common law
  2. 2 How to assess general damages, special damages, and loss of expectation of life for asbestos-related mesothelioma

Ratio Decidendi

In the absence of statutory limitation or prohibition, the quantification of damages for torts remains a procedural matter for the court of the forum and should not be determined by reference to lower quantum standards in the state where the tort occurred (Queensland); the unified common law of Australia applies, and damages are assessed by reference to fairness and the specific plaintiff's circumstances.

Court Disposition

Judgment for the plaintiff with damages awarded.

Orders

  • Verdict and judgment for Marjorie Kennedy for $238,967.
  • Amaca Pty Ltd to pay the plaintiff's costs as agreed or assessed.