NSW Caselaw
Dust Diseases Tribunal of New South Wales
CITATION : Brooks v Trend Roofing Pty Limited & Anor [2009] NSWDDT 11
Peter Francis Brooks PARTIES : Trend Roofing Pty Limited Amaca Pty Limited
MATTER NUMBER(S) : 6255 of 2006
JUDGMENT OF: Kearns J
DUST DISEASES TRIBUNAL :- dust diseases assessment of damages combined obstructive and restrictive deficits CATCHWORDS: use of total lung capacity testing to assess restrictive deficit general damages claim for care and assistance out-of-pocket expenses claimed, but not submitted to Dust Diseases Board for payment whether plaintiff's damages should be reduced to 57.5% of damages assessed to conform with assessment made by Contributions Assessor against defendant
Stewart v QBE Insurance (Australia) Limited [2008] NSWDDT 32 QBE Insurance (Australia) Limited v Wallaby Grip Limited (2007) 4 DDCR 331 CASES CITED: (re Millard) Eraring Energy & Anor v Power Technologies Pty Limited [2007] NSWDDT 24 Harradine v Cockatoo Dockyard & Ors [2008] NSWDDT 8 Anton Frans Broers v Australian Co-Operative Foods Limited & Ors [2008] NSWDDT 38 (re Millard) Energy Australia v Power Technologies Pty Limited [2009] NSWDDT 1
DATES OF HEARING: 15/04/2009, 16/04/2009, 17/04/2009
DATE OF JUDGMENT: 8 May 2009
Mr G Little SC with Mr S Tzouganatos, instructed by Turner Freeman, appeared for the plaintiff.
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