Routley v Bridgestone Australia Limited [2004] NSWDDT 4

Dust Diseases Tribunal of New South Wales

CITATION : Routley v Bridgestone Australia Limited [2004] NSWDDT 4 PARTIES : Dorothy Routley Bridgestone Australia Ltd (Formerly known as S A Rubber Mills Pty Ltd) MATTER NUMBER(S) : 464 of 2003 JUDGMENT OF: at 1 CATCHWORDS: :- LEGISLATION CITED: Carson v John Fai-rfax & Sons Ltd (1993) 178 CLR 44; CSR v Bouwhuis (1991) 7 NSWCCR 223; Planet Fisheries Pty Ltd v La Rosa (1969) 110 CLR 118; Kennedy v Amaca Pty Ltd (2003) NSWDDT 21; CASES CITED: Pfeiffer Pty Ltd v Rogerson (2000) 203 CLR 503; Griffiths v Kerkemeyer (1977) 139 CLR 161; Thompson v CSR Ltd (2003) 25 NSWCCR 113; Weinert v Schmidt (2002) SASR 307; National Insurance Company of New Zealand Ltd v Espana (1961) 105 CLR 569 DATES OF HEARING: 26 & 27/02/2004 DATE OF JUDGMENT: 03/02/2004

FOR PLAINTIFF: Mr M J Joseph SC instructed by Alex Stuart and Associates LEGAL REPRESENTATIVES: FOR DEFENDANT: Mr B R Ferrari instructed by Piper Alderman

JUDGMENT:

The Claim 1. This is an action in damages by Dorothy Jean Routley against Bridgestone Australia Ltd formerly known as SA Rubber Mills Pty Ltd. The action arises in consequence of the plaintiff being exposed to and inhaling asbestos dust and fibre at the premises of the defendant located at South Road, Edwardstown in the State of South Australia.

Liability 2. The defendant advised the Court that it does not contest the issue of liability. Given the nature of the evidence in this case I take the view the defendant has sensibly agreed that the plaintiff was negligently exposed to asbestos dust and fibre in her employment with the defendant.