AMABA PTY LTD (UNDER NSW ADMINISTERED WINDING UP) v BOOTH; AMACA PTY LTD (UNDER NSW ADMINISTERED WINDING UP) v BOOTH [2010] NSWCA 344

New South Wales Court of Appeal

CITATION: AMABA PTY LTD (UNDER NSW ADMINISTERED WINDING UP) v BOOTH; AMACA PTY LTD (UNDER NSW ADMINISTERED WINDING UP) v BOOTH [2010] NSWCA 344

HEARING DATE(S): 2 and 3 September 2010

JUDGMENT DATE: 10 December 2010

JUDGMENT OF: Beazley JA at 1; Giles JA at 2; Basten JA at 3

In matter No 2010/138836: 1. Appeal dismissed with costs. DECISION: 2. Summons dismissed with costs. In matter No 2010/138880: 1. Appeal dismissed with costs. 2. Summons dismissed with costs.

CATCHWORDS: APPEAL – civil – ground of appeal – error of law – no evidence and illogicality of reasoning - EVIDENCE – admissibility – expert evidence – whether assessed in accordance with expert's expertise - TORTS – negligence – dust diseases – causation – material contribution to injury, cumulative effect of exposure, reconciliation of cumulative effect of exposure with epidemiology - TORTS – negligence – dust diseases – duty of care – foreseeability – level of generality at which duty identified - TORTS – negligence – dust diseases – causation – relevant considerations - PROCEDURE – dust diseases – determining issues of general nature – Dust Diseases Tribunal Act 1998 (NSW), s 25B - WORKERS COMPENSATION – dust diseases – negligence – damages – domestic care and assistance – Workers Compensation Act 1987 (NSW), s 60AA

Civil Liability Act 2002 (NSW), ss 3B, 5D Dust Diseases Tribunal Act 1998 (NSW), ss 25B, 32 Dust Diseases Tribunal Rules, r 9 LEGISLATION CITED: Evidence Act 1995 (NSW), ss 55, 79 Supreme Court Act 1970 (NSW), ss 69, 75A US Federal Rules of Evidence, r 702 Workers Compensation Act 1987 (NSW), ss 59, 60, 60AA