NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : Adams v Brewings Holdings Pty Ltd and Ors [2006] NSWDDT 12
Barry Charles William Adams (Plaintiff) Brewings Holdings Ltd (First Defendant - Judgment 9 December 2002) Marrickville Margarine Pty Ltd (Second Defendant) PARTIES : Better Brakes Pty Ltd (Third Defendant) Central Sydney Area Health Service (Fourth Defendant) Hsekarb Pty Ltd (Fifth Defendant - Discontinued 25 March 2003) Agstal Ltd (Sixth Defendant)
MATTER NUMBER(S) : 345/02
JUDGMENT OF: O'Meally P
CATCHWORDS: Dust Diseases Tribunal :- Claim for provisional damages - Plaintiff suffering ARPD and mild asbestosis - Unrelated co-morbidities - Provisional damages assessed.
LEGISLATION CITED: Dust Diseases Tribunal Act 1989
Bonnington Castings Ltd v Wardlaw [1956] AC 613; CASES CITED: Watts v Rake (1960) 108 CLR 158; Purkess v Crittenden (1965) 114 CLR 164; Griffiths v Kerkemeyer (1977) 139 CLR 161
DATES OF HEARING: 3/05/2006
DATE OF JUDGMENT: 05/03/2006
EX TEMPORE JUDGMENT DATE : 05/03/2006
Mr D G Letcher, QC instructed by Turner Freeman appeared for the Plaintiff LEGAL REPRESENTATIVES: Mr G P F Rundle instructed by Ellison Tillyard Callanan; Thompson Cooper Lawyers and Hicksons appeared for the Defendants
JUDGMENT:
O'MEALLY P 1 This is an action for damages by Barry Charles William Adams against Marrickville Margarine Pty Ltd, Better Brakes Pty Ltd, Central Area Health Service and Agstal Ltd. For reasons which are unnecessary to recite judgment was entered in favour of the first defendant on 9 December 2002.
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