Nawaf Hawchar v Dasreef Pty Ltd [2009] NSWDDT 12

Nawaf Hawchar v Dasreef Pty Ltd [2009] NSWDDT 12

The plaintiff's exposure to silica dust while working for Dasreef was causally connected to his silicosis and materially contributed to his scleroderma; Dasreef breached its duty by not providing adequate respiratory protection and failing to warn or instruct about risks. Silicosis is a divisible disease and Dasreef is liable for the proportion attributed to exposure in its employment. Plaintiff's claim for scleroderma damages was dismissed at his request. Judgment for the sum proportionate to employer-caused silicosis.

Parties
Plaintiff: Nawaf Hawchar; Defendant: Dasreef Pty Ltd
Jurisdiction
Australia
Judgment Date
22 May 2009
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for plaintiff in part; other claim dismissed at plaintiff's request
Legal Topics
Dust Diseases, Silicosis, Scleroderma, Breach of Duty, Damages, Statutory Interpretation
Torts Personal Injury Workers Compensation Dust Diseases Silicosis Scleroderma Breach of Duty Damages +1 more

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Parties

Nawaf Hawchar

Plaintiff

Dasreef Pty Ltd

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Was the plaintiff's silicosis caused by his work at Dasreef?
  2. 2 Was the plaintiff's scleroderma caused by his work at Dasreef?
  3. 3 Did silicosis or a pathological condition of the lungs caused by dust materially contribute to the development of scleroderma?

Ratio Decidendi

The plaintiff's exposure to silica dust while working for Dasreef was causally connected to his silicosis and materially contributed to his scleroderma; Dasreef breached its duty by not providing adequate respiratory protection and failing to warn or instruct about risks. Silicosis is a divisible disease and Dasreef is liable for the proportion attributed to exposure in its employment. Plaintiff's claim for scleroderma damages was dismissed at his request. Judgment for the sum proportionate to employer-caused silicosis.

Court Disposition

Judgment for plaintiff in part; other claim dismissed at plaintiff's request

Orders

  • Plaintiff's claim for damages for scleroderma is dismissed on application.
  • Judgment for plaintiff against defendant in the sum of $131,130.43.