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Dust diseases

Black v Luke and Singer Pty Ltd

Black v Luke and Singer Pty Ltd [2024] NSWDDT 16

The Tribunal granted leave to sue QBE as insurer, allowed amendment of the pleading, substituted QBE for the first defendant, and ordered the plaintiff to pay QBE’s motion costs.

  • Leave to proceed against insurer
  • Amendment of pleadings
  • Costs orders
  • Dust-diseases
  • Insurance-law
  • Leave-to-proceed-against-insurer
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Civil procedure

Bakulev v Bluescope Steel (AIS) Pty Ltd

Bakulev v Bluescope Steel (AIS) Pty Ltd [2024] NSWDDT 15

The Tribunal dismissed Bluescope’s motion to review the Registrar’s refusal to refer a contributions determination afresh, holding it lacked jurisdiction during the claims resolution process.

  • Claims resolution process
  • Contributions apportionment
  • Jurisdiction of tribunal
  • Claims-resolution-process
  • Contributions-apportionment
  • Tribunal-jurisdiction
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Dust diseases

Smith v CSR Limited & Ors

Smith v CSR Limited & Ors [2024] NSWDDT 14

The Tribunal refused to set aside a subpoena for TAFE records, finding a legitimate forensic purpose because the documents might bear on exposure and credibility.

  • Subpoena
  • Forensic purpose
  • Evidence relevance
  • Costs applications
  • Forensic-purpose
  • Evidence-relevance
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Insurance law

Franklin v Coal Mines Insurance Limited (No 2)

Franklin v Coal Mines Insurance Limited (No 2) [2024] NSWDDT 13

The Tribunal ordered Coal Mines Insurance Limited to pay the plaintiff’s costs of a leave application, finding its delayed and incomplete insurance disclosure caused unnecessary expense.

  • Costs of application for leave to sue insurer
  • Production of insurance documents
  • Monopoly insurer practices
  • Costs
  • Insurance-disclosure
  • Dust-diseases
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Torts

Bradley v Amaca Pty Ltd

Bradley v Amaca Pty Ltd [2024] NSWDDT 1

The Tribunal awarded damages to a mesothelioma plaintiff, assessing general damages, future care, medical expenses and loss of expectation of life without a vicissitudes discount.

  • Mesothelioma
  • Damages assessment
  • General damages
  • Future care
  • Vicissitudes
  • Loss of expectation of life
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Corporations

In the matter of Austral Bronze Pty Limited;; In the matter of John Darlington Pty Limited;; In the matter of John Darlington Pty Limited (No 2)

In the matter of Austral Bronze Pty Limited;; In the matter of John Darlington Pty Limited;; In the matter of John Darlington Pty Limited (No 2) [2020] NSWSC 1633

The Court reinstated two deregistered employer companies and made ancillary orders validating Dust Diseases Tribunal proceedings nunc pro tunc so general damages could be pursued.

  • Reinstatement of deregistered company
  • Ancillary orders under corporations act
  • General damages in dust diseases claims
  • Federal jurisdiction
  • Interaction of state and commonwealth law
  • Deregistered-company-reinstatement
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Torts

Roberts v Comcare

Roberts v Comcare [2018] NSWDDT 5

The Tribunal awarded damages to a mesothelioma plaintiff, rejecting separate awards for Centrelink age pension loss and superannuation loss after offsetting the spouse reversionary benefit.

  • Damages assessment
  • Asbestos exposure
  • Economic loss
  • Pension entitlements
  • Mesothelioma
  • Dust-diseases
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Tort law

Lavis v Amaca Pty Ltd

Lavis v Amaca Pty Ltd [2018] NSWDDT 6

Mesothelioma damages assessment following asbestos exposure. The Tribunal awarded damages, including gratuitous care and superannuation loss, and granted a stay on part of the judgment.

  • Mesothelioma
  • Damages assessment
  • Superannuation loss
  • Gratuitous care
  • Loss of life expectancy
  • Asbestos-exposure
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Torts

Anthony David Talifero v Amaca Pty Limited

Anthony David Talifero v Amaca Pty Limited [2017] NSWDDT 14

The Tribunal found exposure to James Hardie fibro sheets and awarded damages of $560,482, including care costs, interest, and loss of expectation of life.

  • Mesothelioma
  • Exposure to asbestos
  • Damages
  • Gratuitous attendant care
  • Loss of expectation of life
  • Asbestos-exposure
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.