Perez v State of New South Wales [2013] NSWDDT 1

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Perez v State of New South Wales [2013] NSWDDT 1 Hearing dates: 14/12/2012; 20/12/2012; 30-31/01/2013; 01/02/2013; 20/02/2013 Decision date: 26 February 2013 Before: Judge Curtis Decision: Judgment for the plaintiff Catchwords: Dust Diseases Tribunal - Mesothelioma - Past and future care for the plaintiff's dependants - Section 15B of the Civil Liability Act 2002 Legislation Cited: Civil Liability Act 2002 Compensation to Relatives Act 1897 Cases Cited: Donnelly v Joyce (1974) QB 454 Griffiths v Kerkemeyer (1977) 139 CLR 161 Van Gervan v Fenton (1992) 175 CLR 327 Sullivan v Gordon [1999] NSWCA 338 Burnicle v Cutelli [1982] 2 NSWLR 26 Nguyen v Nguyen (1990) CLR 245 Amaca Pty Ltd v Novek [2009] NSWCA 50 Livingston v Rawyards Coal Company (1880) 5 App Cas 25 (HL)

Category: Principal judgment Parties: Mario Hernan Perez (Plaintiff) State of New South Wales (Defendant) Representation: Mr D J Russell SC appeared for the plaintiff Mr G P F Rundle appeared for the defendant Maurice Blackburn Lawyers (Plaintiff) I V Knight Crown Solicitor (Defendant) File Number(s): 412/12

Judgment 1In about 1987 the Public Transport Commission of New South Wales removed and replaced the asbestos roof of its Chullora bus depot, failing in the course of that work to protect employees working within the depot from the inhalation of asbestos dust and fibre. 2In consequence of his exposure as an employee during this time Mr Perez has contracted mesothelioma. 3Pursuant to the provisions of the Transport Administration Act 1988 the defendant is heir to the liabilities of the Public Transport Commission of New South Wales. The entitlement of Mr Perez to an award of damages is not in dispute.