Bathis v Wallaby Grip (BAE) Pty Limited [2004] NSWDDT 13

Bathis v Wallaby Grip (BAE) Pty Limited [2004] NSWDDT 13

The defendant owed and breached a duty of care by failing to protect the plaintiff from unsafe concentrations of asbestos dust and fibre between 1974 and 1977, causing him to contract asbestos related pleural disease. Liability was also established under the relevant statutory provisions.

Jurisdiction
Australia
Judgment Date
28 April 2004
Procedural Posture
Claim for Provisional Damages / Judgment
Outcome
verdict for the plaintiff
Legal Topics
['negligence' 'breach of Statutory Duty' 'asbestos Related Disease' 'workplace Safety']
['tort Law' 'occupational Health and Safety'] ['negligence' 'breach of Statutory Duty' 'asbestos Related Disease' 'workplace Safety']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Claim for Provisional Damages / Judgment

Legal Issues

  1. 1 ['Whether the defendant owed and breached a duty of care to the plaintiff regarding exposure to asbestos dust and fibre in the workplace' "Whether the plaintiff's injury (asbestos related pleural disease) was caused by such exposure" 'Whether the defendant breached statutory duties under s 25(2) of the Factories and Shops Act 1912 and s 41(2) of the Factories, Shops and Industry Act 1962']

Ratio Decidendi

The defendant owed and breached a duty of care by failing to protect the plaintiff from unsafe concentrations of asbestos dust and fibre between 1974 and 1977, causing him to contract asbestos related pleural disease. Liability was also established under the relevant statutory provisions.

Court Disposition

verdict for the plaintiff

Orders

  • ['Plaintiff awarded provisional damages of $65,946' "Defendant to pay plaintiff's costs" 'Plaintiff may claim further damages should he develop asbestosis, asbestos related lung cancer, pleural mesothelioma, peritoneal mesothelioma, or asbestos induced carcinoma of any other bodily organ']