Reilly v Malabar Electric Pty Limited & Ors [2011] NSWDDT 9

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Reilly v Malabar Electric Pty Limited & Ors [2011] NSWDDT 9 Hearing dates: 01/09/2011, 02/09/2011, 07/10/2011 Decision date: 10 November 2011 Before: Kearns J Decision: There will be a verdict and judgment for the first defendant. There will be a verdict and judgment for the plaintiff against the second defendant in the sum of $42,514.20. There will be a verdict and judgment for the plaintiff against the third defendant in the sum of $212,571.00. Catchwords: Dust Diseases Tribunal; asbestos or interstitial pulmonary fibrosis; extent of exposure to asbestos; indicators for asbestosis or interstitial pulmonary fibrosis; divisibility of asbestosis; reduction of damages for "empty chair" exposure Legislation Cited: Dust Diseases Tribunal Regulation 2007; Workers Compensation Act 1987; Workers Compensation (Dust Diseases) Act 1942 Category: Principal judgment Parties: Frances Joy Reilly (as legal personal representative of the Estate of the Late Terry James Reilly), plaintiff Malabar Electric Pty Limited, first defendant NSW Land & Housing Corporation, second defendant State of New South Wales, third defendant John Goss Projects Pty Limited, fourth defendant (settled 11/10/2010) Representation: Mr J McIntyre SC with Mr S Tzouganatos, instructed by Turner Freeman, appeared for the plaintiff Mr A Scotting, instructed by Moray & Agnew, appeared for the first defendant Mr J F Burn, instructed by I V Knight, appeared for the second and third defendants File Number(s): DDT 383/2009