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Historical sexual abuse claim partly proved. The Court found some abuse on Council grounds, awarded compensatory and aggravated damages, and entered judgment for $461,046.02.
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.
Murphy v Nationwide News Pty Ltd [2021] FCA 381
Defamation judgment finding one imputation conveyed and defamatory, rejecting the justification defence, and awarding $110,000 general damages.
Hughes trading as Beesley and Hughes Lawyers v Hill [2020] FCAFC 126
The Full Court dismissed an appeal in a sexual harassment case, upholding findings that the appellant’s conduct was sexual and that damages, including aggravated damages, were justified.
RONALD WILLIAM PHILLIPS v AMACA PTY LIMITED (formerly James Hardie & Coy Pty Ltd) [2019] NSWDDT 5
Mesothelioma damages claim decided after liability was conceded. The Tribunal awarded $664,393.03, including general damages, care, and expenses.
Amaca Pty Ltd v Tullipan [2014] NSWCA 269
The Court of Appeal dismissed Amaca’s appeal and judicial review summons, upholding findings that Mr Tullipan had asbestosis and that the damages award was not legally erroneous.
Cockatoo Dockyard Pty Limited v George Hartwell Gifford [2008] NSWCA 162
The Court of Appeal dismissed an appeal about whether general damages included compensable anger and distress caused by mesothelioma and its consequences.
Kenneth Wallace v Amaca Pty Limited [2007] NSWDDT 4
Mesothelioma damages assessment in which the tribunal awarded general damages and limited gratuitous care, but rejected out-of-pocket expenses and a s 15B claim.
Hunt v State of New South Wales; Shipton v State of New South Wales (No 2) [2005] NSWSC 1150
Simpson J held the Motor Accidents Act 1988 did not govern damages because the plaintiffs’ injuries were not caused by an “accident”; damages were to be assessed at common law.
Cowra Shire Council v Trudgett [2004] NSWCA 9
The Court of Appeal dismissed an appeal against damages for a road accident, upholding awards for general damages, future economic loss, and no contributory negligence.
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