Peter Michael Callaghan v Comcare [2006] NSWDDT 25

Dust Diseases Tribunal of New South Wales

CITATION : Peter Michael Callaghan v Comcare [2006] NSWDDT 25

PARTIES : Peter Michael Callaghan (Plaintiff) Comcare (Defendant)

MATTER NUMBER(S) : 257 of 2004

JUDGMENT OF: Curtis J at 1

CATCHWORDS: Dust Diseases Tribunal :- quantum of damages

DATES OF HEARING: 26 July 2006

DATE OF JUDGMENT: 08/04/2006

Mr G F Little SC instructed by Turner Freeman appeared for the plaintiff LEGAL REPRESENTATIVES: Mr B R Ferrari instructed by Blake Dawson Waldron appeared for the defendant

JUDGMENT:

In the Dust Diseases Tribunal of New South Wales Matter No 257of 2004 Peter Michael Callaghan v Comcare 4 August 2006 JUDGMENT CURTIS J Introduction 1. The plaintiff, Mr Callaghan, was employed as a waterside worker in Brisbane between 1960 and 1992. In the course of this employment he inhaled asbestos dust and fibre as a result of which he has contracted asbestos related diseases. The liability of the defendant to pay him damages is not in issue. The Onset of Symptoms 2. Mr Callaghan was born on 3 November 1940 and is now aged 65. Over the past five years or so he has suffered from increased shortness of breath, fatigue and chest tightness. He becomes very short of breath walking up inclines or climbing large flights of stairs. About two years ago he ceased playing social golf because he was short of breath, lacked energy and felt fatigued after playing the game. He does not exaggerate his disabilities and says that he would be able to play golf on a dead flat course. He regularly walks on flat ground some kilometres to his club and is able to walk for about 40 minutes to an hour at a slow pace. He still mows his lawn, albeit in stages. Mr Callaghan lives alone and presently requires no care or assistance. He feels his breathing problems have deteriorated quite substantially over the last few years, he is conscious of the possibility of developing more sinister diseases, and is, understandably, frightened and depressed.