NSW Caselaw
New South Wales Court of Appeal
CITATION: Cockatoo Dockyard Pty Limited v George Hartwell Gifford [2008] NSWCA 162 This decision has been amended. Please see the end of the judgment for a list of the amendments.
JUDGMENT OF: Ipp JA at 1; Basten JA at 33; Handley AJA at 34
EX TEMPORE JUDGMENT DATE: 3 July 2008
DECISION: Appeal dismissed with costs. Indemnity costs payable by the Appellant to the Respondent as from 4 December 2007.
CATCHWORDS: DAMAGES - Dust Diseases Tribunal - mesothelioma - general damages - whether trial judge had regard to anger and distress that was not "parasitic" to injury - whether anger was part of response to the disease. - DAMAGES - general damages - mental trauma - pain and suffering - anger and outrage.
LEGISLATION CITED: Civil Liability Act 2002
CATEGORY: Principal judgment
AB v South West Water Services Ltd [1993] QB 507 Campbelltown City Council v McKay (1989) 15 NSWLR 501 CSR Ltd v Thompson (2003) NSWCA 329; (2003) 59 NSWLR 77 CASES CITED: Hunter Area Health Services v Marchlewski [2000] NSWCA 294; (2000) NSWLR 268 Kralj v McGrath [1986] 1 All ER 54 Skelton v Collins (1966) 115 CLR 94 Thurston v Todd (1966) 84 WN (Pt 1) (NSW) 231
PARTIES: Cockatoo Dockyard Pty Limited (Appellant) George Hartwell Gifford (Respondent)
FILE NUMBER(S): CA 40741/07
COUNSEL: L King SC; JB Spinak (Appellant) A Katzmann SC; P A Horvath (Respondent)
SOLICITORS: Ellison Tillyard Callanan (Appellant) Turner Freeman (Respondent)
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