Stavar v Caltex Refineries (NSW) Pty Ltd [2008] NSWDDT 22

Dust Diseases Tribunal of New South Wales

CITATION : Stavar v Caltex Refineries (NSW) Pty Ltd [2008] NSWDDT 22

Beverley Dawn Stavar (Plaintiff) Caltex Refineries (NSW) Pty Ltd (First Defendant) PARTIES : Amaca Pty Ltd (Second Defendant) Wallaby Grip Ltd (Third Defendant) Wallaby Grip (BAE) Pty Ltd (Fourth Defendant) Wallaby Grip (NSW) Pty Ltd (Fifth Defendant)

MATTER NUMBER(S) : 7349 of 2007

JUDGMENT OF: O'Meally P

CATCHWORDS: DUST DISEASES TRIBUNAL :- mesothelioma - plaintiff exposed to asbestos from husband's work clothes - suppliers admit liability - husband worked at remaining defendant's refinery - three relevant periods - first on construction of refinery - then employed by subcontractor to contractor to defendant - second on maintence work - then employed by contractor to defendant - third as maintainence worker - then employed by defendant - whether injury to plaintiff foreseeable - whether duty of care owed by defendant during relevant periods - whether Asbestos Rule (Qld) created duty of care to plaintiff - whether exposure in each period causatitive of mesothelioma - Dust Diseases Tribunal Act Ss 25(3), 25 B - whether substantive or proceedural

Dust Diseases Tribunal Act 1989 Dust Diseases Tribunal Regulation 2007 LEGISLATION CITED: Service and Execution of Process Act 1992 Jurisdiction of Courts (Cross-Vesting) Act 1987 Factories and Shops Act 1960 (Qld) Asbestos Rule 1971 (Qld)