Noel Doughan v Amaca Pty Limited [2010] NSWDDT 13

Noel Doughan v Amaca Pty Limited [2010] NSWDDT 13

Mr Doughan is entitled to damages for the disabling asbestosis caused by exposure to defendant's products; assessments of general damages, past and future care, equipment, and medical expenses are based on medical and other expert evidence, discounted for contingencies and deferral. The quantum is not materially...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 September 2010
Procedural Posture
Civil / Judgment After Hearing (quantum Only)
Outcome
Judgment for the plaintiff
Legal Topics
['asbestosis' 'damages' 'dust Diseases' 'quantum of Damages']
['torts' 'personal Injury'] ['asbestosis' 'damages' 'dust Diseases' 'quantum of Damages']

Source-derived case record

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Procedural Posture

Civil / Judgment After Hearing (quantum Only)

Legal Issues

  1. 1 ['appropriate quantum of damages for asbestosis caused by exposure to asbestos products']

Ratio Decidendi

Mr Doughan is entitled to damages for the disabling asbestosis caused by exposure to defendant's products; assessments of general damages, past and future care, equipment, and medical expenses are based on medical and other expert evidence, discounted for contingencies and deferral. The quantum is not materially affected by prior motor vehicle accident injuries.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Judgment for the plaintiff in the sum of $369,079' "The defendant is to pay the plaintiff's costs"]