Hudson v Amaca Pty Ltd (No 2) [2022] NSWDDT 9

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Hudson v Amaca Pty Ltd (No 2) [2022] NSWDDT 9 Hearing dates: 19 December 2022 Date of orders: 21 December 2022 Decision date: 21 December 2022 Before: Judge Russell SC Decision: (1) Vacate Order (2) made on 21 November 2022 and in lieu thereof the damages in the claim brought by the plaintiff under Lord Campbell's Act for the benefit of Joseph Hudson are assessed at $2,362,334 plus the costs of funds management. (2) Order the defendant to pay the amount of $2,362,334 into an interest-bearing trust account, to be opened jointly by the solicitor for the plaintiff and the solicitor for the defendant, pending the appointment of a trustee. Catchwords: RECONSIDERATION – s13(6) Dust Diseases Tribunal Act 1989 (NSW) – recalculation of damages for loss of services to take proper account of all evidence and submissions at trial Legislation Cited: Dust Diseases Tribunal Act 1989 (NSW), s 13(6) Cases Cited: CSR Ltd v Bouwhuis [1991] NSWCA 66; (1991) 7 NSWCCR 223 Hudson v Amaca Pty Ltd [2022] NSWDDT 6 Category: Consequential orders Parties: Daphne Maureen Hudson (Plaintiff) Amaca Pty Limited (Defendant/Cross Claimant) AV Jennings Properties Limited (Cross Defendant) Representation: Counsel: J McIntyre SC and J Tryon (Plaintiff) D Priestley SC (Defendant) E Vail (Solicitor) (Cross Defendant)

Solicitors: Rogalski Lawyers (Plaintiff) Holman Webb (Defendant/Cross Claimant) Sparke Helmore (Cross Defendant) File Number(s): DDT 2020/00341701