Todd v Bluescope Steel (AIS) Pty Limited [2006] NSWDDT 33

Dust Diseases Tribunal of New South Wales

CITATION : Todd v Bluescope Steel (AIS) Pty Limited [2006] NSWDDT 33

PARTIES : George Todd (Plaintiff) Bluescope Steel (AIS) Pty Limited (formerly BHP Steel (AIS) Pty Limited) (Defendant)

MATTER NUMBER(S) : 6140/06

JUDGMENT OF: Kearns J

Dust Diseases Tribunal :- asbestosis divisibility of asbestosis exposure with defendant and earlier exposure CATCHWORDS: assessment of relative exposures life expectancy general damages damages pursuant to Griffiths v Kirkemeyer and Sullivan v Gordon and consideration of s15B of Civil Liability Act.

LEGISLATION CITED: Civil Liability Act 2002

Griffiths v Kirkemeyer (1977) 139 CLR 161 ; CASES CITED: Sullivan v Gordon (1999) 47 NSWLR 319; Werner v Krahe [2002] NSWCA 168

DATES OF HEARING: 16/08/06, 17/08/06, 11/09/06, 12/09/06, 20/09/06

DATE OF JUDGMENT: 09/20/2006

EX TEMPORE JUDGMENT DATE : 09/20/2006

Mr D G Letcher, QC instructed by Turner Freeman appeared for the Plaintiff LEGAL REPRESENTATIVES: Mr T M Rowles instructed by Sparke Helmore appeared for the Defendant

JUDGMENT: KEARNS J

Outline 1. The plaintiff has asbestosis. That much is conceded by the defendant. The plaintiff seeks damages for this illness.

2. Asbestosis is a divisible disease. What that means in the context of this case is that the defendant is not liable for the whole of the damage suffered by the plaintiff as a result of his exposure to asbestos, but is liable only to the extent of the damage occasioned as a result of his exposure to asbestos whilst in the employ of the defendant. This has a significance because before the plaintiff was exposed to asbestos in the employ of the defendant, he had an earlier period of exposure when he worked at a shipyard in Belfast for Harland & Wolff (the shipyard exposure).