Phillips v Amaca Pty Ltd [2010] NSWDDT 11

Phillips v Amaca Pty Ltd [2010] NSWDDT 11

The plaintiff is entitled to damages for pain and suffering, loss of earning capacity, loss of expectation of life, and related out-of-pocket and medical expenses, calculated on the basis of likely working life until age 70 and taking a conventional 15% deduction for vicissitudes, with no deduction for hobby farm tax concessions or travel costs for voluntary employment.

Jurisdiction
Australia
Judgment Date
27 July 2010
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
['dust Diseases' 'mesothelioma' 'general Damages' 'loss of Earning Capacity' 'out of Pocket Expenses']
['tort Law' 'personal Injury'] ['dust Diseases' 'mesothelioma' 'general Damages' 'loss of Earning Capacity' 'out of Pocket Expenses']

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Assessment of general damages for malignant mesothelioma' 'Entitlement to damages for loss of earning capacity' 'Assessment of past and future economic loss' 'Appropriate allowance for out of pocket, medical, and adaptive equipment expenses' 'Deductions for vicissitudes in assessing future economic loss']

Ratio Decidendi

The plaintiff is entitled to damages for pain and suffering, loss of earning capacity, loss of expectation of life, and related out-of-pocket and medical expenses, calculated on the basis of likely working life until age 70 and taking a conventional 15% deduction for vicissitudes, with no deduction for hobby farm tax concessions or travel costs for voluntary employment.

Court Disposition

Judgment for the plaintiff

Orders

  • ['There will be verdict and judgment for the plaintiff in the sum of $797,641.19.' "The defendant will pay the plaintiff's costs as agreed or assessed and indemnity costs from 18 June 2010." 'Liberty to apply in respect of calculation of past economic loss, superannuation interest, loss of earning capacity and...