Tromp v Amaca Pty Limited [2008] NSWDDT 10

Dust Diseases Tribunal of New South Wales

CITATION : Tromp v Amaca Pty Limited [2008] NSWDDT 10

PARTIES : Johannes T Tromp Amaca Pty Limited

MATTER NUMBER(S) : 7224 of 2007

JUDGMENT OF: Kearns J

CATCHWORDS: DUST DISEASES TRIBUNAL :- mesothelioma; plaintiff 74 years old at time of onset of symptoms; onset of symptoms mid-2006; three hospitalisations with aspirations of fluid and other procedures; chemotherapy with reasonable response; otherwise low level of symptoms to date and likely so for next 12 months; life expectancy a further 18 months approximately; plaintiff's condition will deteriorate; inceasing need for care with last three months likely to require 24 hour care; general damages $220,000; plaintiff a sole trader working exclusively for one person at time of illness; whether plaintiff had retired for reasons unrelated to his illness; found not to have done so and likely to have worked until 80 years of age; plaintiff awarded damages for loss of earning capacity, both past and future.

DATES OF HEARING: 06.02.2008, 07.02.2008, 18.03.2008, 19.03.2008, 22.04.2008

DATE OF JUDGMENT: 22 April 2008

Mr P Semmler QC, instructed by Turner Freeman, appeared for the plaintiff LEGAL REPRESENTATIVES: Mr J Sheller, instructed by Ellison Tillyard Callanan, appeared for the defendant

JUDGMENT:

JUDGMENT KEARNS J

Outline 1. The plaintiff has mesothelioma. He contracted it from exposure to asbestos product that was manufactured and distributed by James Hardie & Coy Pty Limited (Hardie). The defendant has assumed the liabilities of Hardie. Assessment of damages is the only issue in this matter. In determining damages under different heads, I have essentially followed the heads of claim in the plaintiff's schedule of damages.