Buttner v Wallaby Grip Pty Ltd and Ors [2005] NSWDDT 50

Buttner v Wallaby Grip Pty Ltd and Ors [2005] NSWDDT 50

The plaintiff's respiratory disability was caused by asbestosis and smoking-related emphysema, with no proven respiratory disability from asthma or rheumatoid arthritis. Total damages for the asbestos related disorder were assessed at $81,013.95. Because the disease was dose related and the third and fourth defendants' contribution had to reflect both duration and intensity of exposure, they were liable for 35 per cent, being $28,354.88, plus costs.

Jurisdiction
Australia
Judgment Date
24 August 2005
Procedural Posture
Claim for Damages for Asbestos Related Pleural Disease and Asbestosis / Ex Tempore Judgment Assessing Damages After Settlement With the First and Second Defendants and Concession of Liability by the Third and Fourth Defendants
Outcome
Verdict and judgment for the plaintiff against the third and fourth defendants in the sum of $28,354.88, with costs; verdict and judgment against the first and second defendants in accordance with the terms of settlement.
Legal Topics
['asbestosis' 'asbestos Related Pleural Disease' 'assessment of Damages' 'apportionment Between Tortfeasors' 'loss of Expectation of Life' 'future Medical Expenses']
['dust Diseases' 'personal Injury' 'tort Law' 'damages'] ['asbestosis' 'asbestos Related Pleural Disease' 'assessment of Damages' 'apportionment Between Tortfeasors' 'loss of Expectation of Life' 'future Medical Expenses']

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Procedural Posture

Claim for Damages for Asbestos Related Pleural Disease and Asbestosis / Ex Tempore Judgment Assessing Damages After Settlement With the First and Second Defendants and Concession of Liability by the Third and Fourth Defendants

Legal Issues

  1. 1 ["What damages should be assessed for the plaintiff's asbestos related disorder, including general damages, loss of expectation of life, past medical expenses and future medical expenses." 'What proportion of the assessed damages should be borne by the third and fourth defendants, taking into account duration and intensity of asbestos exposure.' "Whether the plaintiff's respiratory disability was caused by asbestosis and emphysema rather than asthma or rheumatoid arthritis."]

Ratio Decidendi

The plaintiff's respiratory disability was caused by asbestosis and smoking-related emphysema, with no proven respiratory disability from asthma or rheumatoid arthritis. Total damages for the asbestos related disorder were assessed at $81,013.95. Because the disease was dose related and the third and fourth defendants' contribution had to reflect both duration and intensity of exposure, they were liable for 35 per cent, being $28,354.88, plus costs.

Court Disposition

Verdict and judgment for the plaintiff against the third and fourth defendants in the sum of $28,354.88, with costs; verdict and judgment against the first and second defendants in accordance with the terms of settlement.

Orders

  • ['Leave granted to issue cross-claims on or before 31 January 2006.' 'Verdict and judgment for the plaintiff against the third and fourth defendants in the sum of $28,354.88.' "The third and fourth defendants are to pay the plaintiff's costs as agreed or assessed." 'Qua the first and second defendants, verdict and...