Torok v Allianz Australia Insurance Ltd [2023] NSWDDT 2

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Torok v Allianz Australia Insurance Ltd [2023] NSWDDT 2 Hearing dates: 23, 24, 27 March 2023, 17, 18, 19 May 2023 Date of orders: 23 May 2023 Decision date: 23 May 2023 Before: Russell SC DCJ Decision: (1) Grant leave to the plaintiff nunc pro tunc pursuant to the Civil Liability (Claims Against Third Party Insurers) Act 2017 for the plaintiff to bring these proceedings. (2) Judgment for the plaintiff against the defendant for $457,500. (3) Order each party to pay his or its own costs of the Hearing on 27 March 2023. (4) Subject to Order (3) above, order the defendant to pay the plaintiff's costs. Catchwords: DUST DISEASES — damages — general damages — interest on past general damages — damages for loss of expectation of life DUST DISEASES — evidence — historical evidence — Industrial Histories of former workers at Cockatoo Island — evidence of deceased or unavailable workers from earlier cases — admissions by defendant in prior interrogatories DUST DISEASES — prescribed dust diseases — mesothelioma — whether plaintiff had more than de minimis exposure to asbestos — where plaintiff could give no direct evidence of exposure — plaintiff employed as casual painter and docker by Cockatoo Dockyard Pty Ltd — general labourer — duration of work — nature of work — extensive use of asbestos at Cockatoo Island — exposure of painters and dockers to asbestos — no proper precautions — asbestos remains in the environment — pleural plaques — other exposure to asbestos Legislation Cited: Civil Liability (Claims Against Third Party Insurers) Act 2017 (NSW) Evidence Act 1995 (NSW), ss 63, 140 Cases Cited: Briginshaw v Briginshaw (1938) HCA 34; (1938) 60 CLR 336 Category: Principal judgment Parties: Attila Torok (Plaintiff) Allianz Australia Insurance Ltd (Defendant) Representation: Counsel: F McLeod KC (Plaintiff) D Toomey SC (Defendant)