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. 4. Accordingly, I amended the verdict and judgment I entered in favour of the plaintiff to change it from $185,386.98 to $195,386.98. 5. The matter will be formally listed for Monday, 15 January 2007 to record this amendment. ***** Mr J L Sharpe instructed by Turner Freeman appeared for the plaintiff. Mr J C Sheller instructed by DLA Phillips Fox appeared for the defendant. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.