Latz v Hansen Family Investments & Anor [2005] NSWDDT 22

Dust Diseases Tribunal of New South Wales

CITATION : Latz v Hansen Family Investments & Anor [2005] NSWDDT 22

Robert Douglas Latz Hansen Family Investments Pty Ltd (Formerly known as Hansen & Yunken P/L (In Liquidation) (First Defendant) PARTIES : Regit (No 2) Pty Ltd ( Formerly known as hansen & Yunken (SA) Pty Ltd (In Liquidation) (Second Defendant)

MATTER NUMBER(S) : 109/05

JUDGMENT OF: O'Meally P at 1

CATCHWORDS: :- Dust Disease Tribunal - action for damages - mesothelioma - application pending in High Court of Australia against decision of Supreme Court of NSW to cross-vest different case to Supreme Court of South Australia - damages only issue in current case - judgment not delayed - damages assessed

LEGISLATION CITED: Dust Diseases Tribunal Act, 1989; s 25(3), s 25A, s 25B

BHP v Utting & Anor [2005] NSWSC 260; BHP Billiton Ltd v Schultz 2 DDCR 78 at 91 [27]; Griffiths v Kerkemeyer [1977] 139 CLR 161; CASES CITED: Ewins v BHP Ltd v Wallaby Grip Ltd [ 2005] SASC 95; Kennedy v Amaca Pty Ltd [2004] 1 DDCR 72 [16] - [38]; Sullivan v Gordon [1999] NSWCA 338

DATES OF HEARING: 3rd and 19th May 2005

EX TEMPORE JUDGMENT DATE : 05/19/2005

MJ Joseph SC instructed Alex Stuart & Associates LEGAL REPRESENTATIVES: JA Jobson (First and Second Defendants) instructed by McCulloch & Buggy

JUDGMENT:

O'MEALLY P

1. This is an action for damages by Robert Douglas Latz against Hansen Family Investments Pty Ltd and Regit (No 2) Pty Ltd. The plaintiff alleges, and it is now conceded, that as a result of exposure to asbestos dust and fibre in the course of his employment by the defendants he has contracted malignant mesothelioma from the effects of which he will soon die.