William Melville Best v Yellow Express Carriers Ltd (in liquidation) and anor [2004] NSWDDT 46

William Melville Best v Yellow Express Carriers Ltd (in liquidation) and anor [2004] NSWDDT 46

The Tribunal accepted Mr Best's evidence that, in the course of employment with each defendant, he was exposed to and inhaled asbestos dust and fibre from materials associated with bakers' ovens. That inhalation occurred in consequence of a breach of duty by each defendant, was above background exposure, and materially increased the risk of mesothelioma; the risk had come home. The plaintiff was therefore entitled to damages.

Jurisdiction
Australia
Judgment Date
24 November 2004
Procedural Posture
Damages Claim for Mesothelioma Alleged to Have Been Caused by Asbestos Exposure in Employment / Ex Tempore Judgment
Outcome
Verdict and judgment for the plaintiff in the sum of $220,370.85.
Legal Topics
['asbestos Exposure' 'mesothelioma' 'employer Duty of Care' 'causation' 'damages']
['tort Law' 'negligence' 'personal Injury' 'dust Diseases'] ['asbestos Exposure' 'mesothelioma' 'employer Duty of Care' 'causation' 'damages']

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Procedural Posture

Damages Claim for Mesothelioma Alleged to Have Been Caused by Asbestos Exposure in Employment / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether Mr Best inhaled asbestos dust and fibre in the course of his employment with each defendant.' "Whether any inhalation of asbestos dust and fibre was de minimis or constituted a material cause of the plaintiff's mesothelioma." 'What damages should be awarded to the plaintiff.']

Ratio Decidendi

The Tribunal accepted Mr Best's evidence that, in the course of employment with each defendant, he was exposed to and inhaled asbestos dust and fibre from materials associated with bakers' ovens. That inhalation occurred in consequence of a breach of duty by each defendant, was above background exposure, and materially increased the risk of mesothelioma; the risk had come home. The plaintiff was therefore entitled to damages.

Court Disposition

Verdict and judgment for the plaintiff in the sum of $220,370.85.

Orders

  • ['Verdict and judgment for the plaintiff in the sum of $220,370.85.' 'Leave to the cross-defendants to issue cross-claims on or before 30 April 2005.']