Weckert v Amaca Pty Ltd [2004] NSWDDT 20
Damages for mesothelioma are to be assessed with regard to the pain, suffering, and loss of amenity of life experienced and likely to be experienced, with general damages of $160,000 plus separate sums for loss of expectation of life, medical expenses, care, and Sullivan v Gordon damages totalling $277,674.90, reflecting a proper assessment rather than the higher figures sought.
- Parties
- Plaintiff: Morris Ivan Weckert; Defendant: Amaca Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 28 September 2004
- Procedural Posture
- Civil / Assessment of Damages After Admission of Liability
- Outcome
- judgment for the plaintiff
- Legal Topics
- Mesothelioma, Asbestos Disease, Damages Assessment
Case Brief
Summary, issues, holding and outcome
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Parties
Morris Ivan Weckert
Plaintiff
Amaca Pty Ltd
Defendant
Procedural Posture
Civil / Assessment of Damages After Admission of Liability
Legal Issues
- 1 Appropriate assessment of damages for pain and suffering due to mesothelioma
- 2 Assessment of damages for loss of expectation of life
- 3 Calculation of past and future out of pocket expenses
Ratio Decidendi
Damages for mesothelioma are to be assessed with regard to the pain, suffering, and loss of amenity of life experienced and likely to be experienced, with general damages of $160,000 plus separate sums for loss of expectation of life, medical expenses, care, and Sullivan v Gordon damages totalling $277,674.90, reflecting a proper assessment rather than the higher figures sought.
Court Disposition
judgment for the plaintiff
Orders
- Judgment for the plaintiff in the sum of $277,674.90
- Defendant to pay plaintiff's costs as agreed or assessed
Full Case Text
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