Mathwin v Amaca Pty Ltd [2004] NSWDDT 49
The Tribunal assessed damages for death caused by mesothelioma attributable to asbestos exposure from products manufactured by the defendant, applying statutory provisions that preserve actions post-mortem, and made an award based on the suffering, evidence from medical and occupational therapy reports, and agreement or concession of loss of expectation of life and out-of-pocket expenses.
- Parties
- Plaintiff: Stephen Mathwin; Defendant: Amaca Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 07 December 2004
- Procedural Posture
- Damages Claim / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Mesothelioma, Asbestos Exposure, Damages Assessment, Personal Injury
Case Brief
Summary, issues, holding and outcome
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Parties
Stephen Mathwin
Plaintiff
Amaca Pty Ltd
Defendant
Procedural Posture
Damages Claim / Judgment
Legal Issues
- 1 assessment of general damages for death caused by mesothelioma
- 2 claim for Griffiths v Kerkemeyer damages
- 3 entitlement to damages for loss of expectation of life
Ratio Decidendi
The Tribunal assessed damages for death caused by mesothelioma attributable to asbestos exposure from products manufactured by the defendant, applying statutory provisions that preserve actions post-mortem, and made an award based on the suffering, evidence from medical and occupational therapy reports, and agreement or concession of loss of expectation of life and out-of-pocket expenses.
Court Disposition
judgment for the plaintiff
Orders
- Judgment entered for the plaintiff for $158,454.85
- Costs to be heard
Full Case Text
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