Williams v Resi Corp and Anor [2005] NSWDDT 23

Williams v Resi Corp and Anor [2005] NSWDDT 23

Because the defendants admitted liability and the plaintiff had asbestos related pleural disease and mild asbestosis causing breathlessness, chest pain, restricted activity, some likely deterioration, and a risk of mesothelioma or bronchogenic carcinoma, the plaintiff was entitled to damages including general damages and agreed special damages, with judgment entered in the rounded sum of $87,950.

Jurisdiction
Australia
Judgment Date
12 May 2005
Procedural Posture
Dust Diseases Tribunal Action for Damages / Liability Admitted; Damages Assessed
Outcome
Verdict for the plaintiff against each defendant; judgment entered in the sum of $87,950; defendants to pay the plaintiff's costs as agreed or assessed.
Legal Topics
['asbestos Exposure' 'asbestos Related Pleural Disease' 'asbestosis' 'assessment of Damages' 'griffiths V Kerkemeyer Expenses']
['dust Diseases' 'tort Law' 'personal Injury Damages'] ['asbestos Exposure' 'asbestos Related Pleural Disease' 'asbestosis' 'assessment of Damages' 'griffiths V Kerkemeyer Expenses']

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Procedural Posture

Dust Diseases Tribunal Action for Damages / Liability Admitted; Damages Assessed

Legal Issues

  1. 1 ['Assessment of damages for asbestos related pleural disease and mild asbestosis where liability was admitted' "Whether and how the plaintiff's pain, discomfort, respiratory impairment, risk of progression and risk of developing another asbestos disease should be reflected in general damages"]

Ratio Decidendi

Because the defendants admitted liability and the plaintiff had asbestos related pleural disease and mild asbestosis causing breathlessness, chest pain, restricted activity, some likely deterioration, and a risk of mesothelioma or bronchogenic carcinoma, the plaintiff was entitled to damages including general damages and agreed special damages, with judgment entered in the rounded sum of $87,950.

Court Disposition

Verdict for the plaintiff against each defendant; judgment entered in the sum of $87,950; defendants to pay the plaintiff's costs as agreed or assessed.

Orders

  • ['Leave granted to issue cross-claims on or before 30 June 2005.' 'Verdict for the plaintiff against each defendant.' 'Judgment in the sum of $87,937.90, rounded up to $87,950.' "The defendants will pay the plaintiff's costs as agreed or assessed."]