Longfield v Amaca Pty Ltd [2004] NSWDDT 48

Dust Diseases Tribunal of New South Wales

CITATION : Longfield v Amaca Pty Ltd [2004] NSWDDT 48 PARTIES : Stanley William Longfield Amaca Pty Ltd (Formerly James Hardie & Coy Pty Ltd) MATTER NUMBER(S) : 358 of 2004 JUDGMENT OF: McIntyre A J at 1 CATCHWORDS: :- LEGISLATION CITED: CASES CITED: DATES OF HEARING: 11 & 12/11/2004 EX TEMPORE JUDGMENT DATE : 12/16/2004

FOR PLAINTIFF: Mr J L Sharpe instructed by Turner Freeman LEGAL REPRESENTATIVES: FOR DEFENDANT: Ms W S Strathdee instructed by Phillips Fox

JUDGMENT:

1. The plaintiff, Stanley William Longfield, has contracted mesothelioma as a result of inhaling asbestos fibre given off from asbestos cement building products manufactured and supplied by the defendant, whilst working as a carpenter over a period of many years. Having heard the evidence of the plaintiff as to the identity of the products with which he worked the defendant conceded liability and the matter is accordingly now one for assessment of damages.

2. The plaintiff was born on 21 May 1955 and is now 53 years and six months old. But for the contraction of his mesothelioma he would have had a life expectancy of approximately 26 years. He is now unlikely to survive beyond the end of this year. In relation to life expectancy Mr Sharpe of counsel who appears for the plaintiff has submitted that I should accept that the plaintiff will live until late December or early January of next year. Ms Strathdee of counsel who appears for the defendant urges an earlier date, the end of November, which is a mere two weeks away from now. I have had the benefit of medical reports tendered in the plaintiff's case and in particular the reports of Dr Christopher Clarke, which are marked PX7, in which he expressed the view in October of this year that the plaintiff's life expectancy was a matter of weeks. The defendant has had the plaintiff medically examined, however, no medical report has been tendered in the defendant's case.