Sinclair v Resi Corporation and Anor [2003] NSWDDT 1

Dust Diseases Tribunal of New South Wales

CITATION : Sinclair v Resi Corporation and Anor [2003] NSWDDT 1 Murray Sperling Sinclair PARTIES : Resi Corporation Wallaby Grip Ltd MATTER NUMBER(S) : 163 of 2001 JUDGMENT OF: O'Meally P at 1 :- Dust diseases action for damages negligence occurring wholly within South Australia application of South Australian law Limitation of Actions Act SA s48 CATCHWORDS: material facts accrual of cause of action costs application by defendant for special order adjournment defendants adduce further evidence special order refused LEGISLATION CITED: Limitations of Actions Act 1936 - s36 & s48 Dust Diseases Tribunal Act 1989 - s11A CASES CITED: Griffiths v Kerkemeyer (1977) 139 CLR 161 DATES OF HEARING: 20/11/2002, 21/11/2002, 06/02/2003 EX TEMPORE JUDGMENT DATE : 02/06/2003

PLAINTIFF: Mr J L Sharpe instructed by Turner Freeman. LEGAL REPRESENTATIVES: FIRST DEFENDANT: Mr G J Parker instructed by Church & Grace. SECOND DEFENDANT: Mr G F Little, SC instructed by Acuiti Legal.

JUDGMENT:

1. This is an action for damages by Murray Sinclair against Resi Corporation and Wallaby Grip Pty Ltd. 2. The plaintiff is now 75 years old, having been born on 17 November 1927. He was employed by the first defendant on 8 February 1944 and remained its employee until the end of 1950. During the course of his employment by the first defendant he was, at least moderately, exposed to asbestos dust and fibre emanating from products produced or manufactured by the second defendant. 3. It is not disputed that as a result of negligent exposure to asbestos the plaintiff suffers asbestos related pleural disease. He brings this action claiming damages not only in respect of disability caused by asbestos related pleural disease, but also by asbestosis.