Hayes v Julia Farr Services Inc [2002] NSWDDT 27

Dust Diseases Tribunal of New South Wales

CITATION : Hayes v Julia Farr Services Inc [2002] NSWDDT 27 PARTIES : Ethel Barbara Hayes Julia Farr Services Inc (Formerly known as Julia Farr Centre Inc) (Formerly known as The Home for Incurables Incorporated) MATTER NUMBER(S) : 329 of 2002 JUDGMENT OF: Maguire J at 1 :- Employer and Employee - Asbestos CATCHWORDS: Exposure - Mesothelioma - Foreseeability Dust Diseases Tribunal Act 1989 - S 25(3) s25(B) - Constitutional validity. LEGISLATION CITED: Dust Diseases Tribunal Act 1989 (NSW) s 25(3), s25B CASES CITED: McDonohue v Stevedoring Industry Finance Committee (2000) NSWCCR 385 ; Bendix Mintex Pty Ltd v Barnes (1997) 42 NSWLR 307 DATES OF HEARING: 16-20/12/2002 EX TEMPORE JUDGMENT DATE : 12/20/2002

Mr M J Joseph SC instructed by Alex Stuart and Associates appeared for the Plaintiff LEGAL REPRESENTATIVES: Mr G Little SC with Mr D S Miller instructed by Church and Grace appeared for the Defendant

JUDGMENT: 1. The trial of this action commenced before me in Adelaide on Monday last. It continued there for a very long Tuesday, resumed there early on Wednesday and moved to Sydney for a late finish that day. The evidence concluded yesterday. Counsel addressed today Friday, 20 December 2002, the last day of term. I deem it appropriate to give judgment now at 5 pm for the simple reason that the plaintiff may well be dead before the new term opens in 2003. 2. It is the plaintiff's case that she suffers from mesothelioma contracted as a result of the inhalation by her of asbestos dust and fibre. She asserts that she was exposed to such inhalation during the course of her employment by the defendant in South Australia between 10 May 1971 and 31 May 1974. She pleads her case in negligence and breach of statutory duty.