NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : (re Dawson) Novek v Amaca Pty Limited [2008] NSWDDT 12
PARTIES : Carina Maria Novek as legal personal representative of the Estate of the Late Margaret Denise Dawson Amaca Pty Limited
MATTER NUMBER(S) : 7152 of 2007
JUDGMENT OF: Kearns J
DUST DISEASES TRIBUNAL :- mesothelioma plaintiff dies general damages CLA s.15B damages construction of s.15B grandmother providing voluntary care and supervision of her grandchildren CATCHWORDS: whether damages available when care and supervision are undertaken while the parents are both at work, when one or other of them is at home, when they socialise whether the grandchildren were "wholly or partly dependent" on grandmother whether the grandmother's services were provided to the grandchildren or to the parents whether the services were gratuitous whether the services were reasonable whether the parents received benefits from the services so that no damages were payable under the section method of assessment the case for law reform in terminally ill cases to allow cases to be case-managed by judges from the filing of the statement of claim
Civil Liability Act 2002 LEGISLATION CITED: Workers Compensation Act 1987 Dust Diseases Tribunal Regulation 2007
Petrohilos v Hunter (1991) 25 NSWLR 343,346D Wallace v Amaca Pty Limited [2007] NSWDDT 4 CASES CITED: Kendrick v Bluescope Steel (AIS) Pty Limited [2007] NSWSC 1288 Graham v Baker (1961) 106 CLR 340,347 Browne v Dunn (1893) 6 R 67
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