Stewart v QBE Insurance (Australia) Limited & Ors [2008] NSWDDT 32

Dust Diseases Tribunal of New South Wales

CITATION : Stewart v QBE Insurance (Australia) Limited & Ors [2008] NSWDDT 32

Irene Stewart as legal personal representative of the Estate of the Late Angus Clugston Stewart PARTIES : QBE Insurance (Australia) Limited Wallaby Grip Limited

MATTER NUMBER(S) : 7279 of 2007

JUDGMENT OF: Kearns J

CATCHWORDS: DUST DISEASES TRIBUNAL :- mesothelioma; deceased exposed to asbestos in course of employment; employer negligent; verdict for plaintiff against deceased's employer; verdict also sought against employer on basis of contributions assessment and clause 52 of Dust Diseases Regulation 2007; held that the Regulation did not permit the plaintiff to obtain a verdict on this basis; assessment of damages; agreed damages and interest; loss of expectation of life; gratuitous care; test for recovery of damages for gratuitous care is not the supply of the care but the need for the care; s15B damages; test is not the supply of services but whether the dependant was not capable of performing the services and whether the need for the services to be provided is reasonable in all the circumstances.

Dust Diseases Tribunal Act 1989 LEGISLATION CITED: Dust Diseases Tribunal Regulation 2007 Civil Liability Act 2002

DATES OF HEARING: 18/10/2007; 01/02/2008; 03/03/2008

DATE OF JUDGMENT: 18 March 2008

Mr J Sharpe instructed by Turner Freeman appeared for the plaintiff LEGAL REPRESENTATIVES: Mr G Little SC with Mr G Parker instructed by Moray & Agnew appeared for the first defendant; Mr D J Russell SC instructed by Middletons appeared for the second defendant