Kenneth Wallace v Amaca Pty Limited [2007] NSWDDT 5

Dust Diseases Tribunal of New South Wales

CITATION : Kenneth Wallace v Amaca Pty Limited [2007] NSWDDT 5

PARTIES : Kenneth Wallace Amaca Pty Limited

MATTER NUMBER(S) : 6240 of 2006

JUDGMENT OF: Kearns J

Dust Diseases Tribunal :- addendum to judgment CATCHWORDS: claim for loss of expectation of life verdict and judgment amended accordingly

DATES OF HEARING: 11/01/2007; 15/01/2007

DATE OF JUDGMENT: 15 January 2007

Mr J L Sharpe instructed by Turner Freeman appeared for the plaintiff LEGAL REPRESENTATIVES: Mr J C Sheller instructed by DLA Phillips Fox appeared for the defendant

JUDGMENT: 2 Dust Diseases Tribunal of New South Wales Matter No. DDT6240 of 2006

Kenneth Wallace (Plaintiff)

v

Amaca Pty Limited (formerly James Hardie & Coy Pty Limited) (Defendant)

11 January 2007 ADDENDUM TO JUDGMENT KEARNS J

1. When I delivered reasons for judgment in this matter, I delivered verdict and judgment in the sum of $185,386.98. Shortly after that, I was contacted by counsel for the plaintiff, with the concurrence of the solicitor for the defendant, and he pointed out to me that I had not dealt with the claim for loss of expectation of life. I informed him that I had overlooked it and I proposed to make an allowance of $10,000.

2. Soon thereafter, I was contacted by Mr Con Gotis-Graham, solicitor for the defendant, with the concurrence of Mr Sharpe, and he asked me whether I had overlooked the claim for loss of expectation of life or whether I had included it in the sum allowed for general damages. I informed him that I had overlooked it.

3. I informed both Mr Sharpe and Mr Gotis-Graham that I proposed to amend the verdict and judgment accordingly. They both agreed and neither had anything to say as to the amount I suggested.