NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : Hicks v Amaca Pty Limited [2010] NSWDDT 16
PARTIES : Grahame Hicks Amaca Pty Limited
MATTER NUMBER(S) : 55 of 2010
JUDGMENT OF: Kearns J
Asbestosis :- dust diseases quantum CATCHWORDS: general damages Planet Fisheries past and future care provisional damages
LEGISLATION CITED: Civil Liability Act 2002 Dust Diseases Tribunal Act 1989
Griffiths v Kerkemeyer (1977) 139 CLR 161 Watts v Rake (1960) 108 CLR 158 CASES CITED: Purkess v Crittenden (1965) 114 CLR 164 Planet Fisheries Pty Limited v La Rosa (1968) 119 CLR 118 Markland v Sifc [2001] NSWDDT 19 Doughan v Amaca Pty Limited [2010] NSWDDT 13
DATES OF HEARING: 11/10/2010; 22/11/2010; 23/11/2010
DATE OF JUDGMENT: 30 November 2010
Mr P Semmler QC with Mr S Tzouganatos, instructed by Turner Freeman, appeared for the plaintiff LEGAL REPRESENTATIVES: Mr J Sharpe, instructed by Ellison Tillyard Callanan, appeared for the defendant
JUDGMENT:
Introduction
1. The plaintiff has asbestosis. It was caused by the defendant's negligence. He seeks damages. Quantum is the only issue.
Heads of damage
2. The plaintiff seeks damages under the following heads:
(a) general damages; (b) interest on past general damages;
(c) loss of expectation of life;
(d) past Griffiths v Kerkemeyer (1977) 139 CLR 161 damages;
(e) interest on past Griffiths v Kerkemeyer damages;
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate