Vartuli v Alinta LGA ruling [2007] NSWDDT 30

Dust Diseases Tribunal of New South Wales

CITATION : Vartuli v Alinta LGA ruling [2007] NSWDDT 30

PARTIES : Giuseppe Vartuli (Plaintiff) Alinta LGA Ltd

MATTER NUMBER(S) : 6313 of 2006

JUDGMENT OF: O'Meally P

CATCHWORDS: Dust Diseases Tribunal :- Reconsideration - Griffiths v Kerkemeyer expenses

LEGISLATION CITED: Dust Diseases Tribunal Act 1989, Section 13(6)

CASES CITED: CSR Ltd v Bouwhuis (1991) 7 NSWCCR 223

DATES OF HEARING: 14 November 2007

DATE OF JUDGMENT: 14 November 2007

EX TEMPORE JUDGMENT DATE : 14 November 2007

G F Little, SC instructed by Turner Freeman appeared for the Plaintiff LEGAL REPRESENTATIVES: D J Russell, SC instructed by Hicksons Lawyers appeared for the Defendant

JUDGMENT:

RULING O'MEALLY P 1. On the afternoon of 2 November last, I delivered reasons for judgment in the action by Giuseppe Vartuli against Alinta LGA Ltd. General damages and a sum for loss of expectation of life were awarded. It was then indicated that calculations for Griffiths v Kerkemeyer damages should be made in accordance with weekly hours recited in the course of delivering judgment.

2. The judgment in its written form does not indicate that during the course of its delivery, I adjourned so that those calculations could be made. At par 28 of the reasons I said: Distasteful though the task is I am required to determine a presumed date of death. I think the evidence would put it at something in the order of three years from today. Again adopting the same broad brush approach, I think it appropriate to allow for assistance at the rate of ten hours a day for the year following the first and for sixteen hours a day for the year following that. Calculations may be made and handed to me in due course.