Dionisatos v Acrow Formwork and Scaffolding Pty Ltd & Acrow Formwork and Scaffolding Pty Ltd v Gordian Runnoff Ltd and Anor [2013] NSWDDT 8

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Dionisatos v Acrow Formwork and Scaffolding Pty Ltd & Acrow Formwork and Scaffolding Pty Ltd v Gordian Runnoff Ltd and Anor [2013] NSWDDT 8 Hearing dates: 8-11/07/ 2013 Decision date: 29 August 2013 Before: Curtis, J Decision: Judgment for the plaintiff against Acrow Formwork and Scaffolding Pty Ltd in the sum of $420,142 Judgment for Acrow Formwork and Scaffolding Pty Ltd against the State of New South Wales in the sum of $245,071 Judgment for Acrow Formwork and Scaffolding Pty Ltd against Gordian Runnoff Ltd in the sum of $171,549.70 Catchwords: DUST DISEASES TRIBUNAL - estate claim - mesothelioma - extent of exposure to asbestos - whether the deceased plaintiff was exposed to asbestos - whether exposure was forseeable - whether defendant had knowledge of exposure - breech of common law duty - deductions of Dust Diseases Board payments CROSS-CLAIMS - whether the employer as a contractor and the State of New South Wales owed the deceased a duty of care - whether the cross-defendant knew or ought to have known about the dangers of exposure to asbestos dust - policies of insurance - vicarious liability of the State of New South Wales Legislation Cited: Construction Safety Regulations 1950 Construction Safety Act 1912 Scaffolding and Lifts Act 1912 Law Reform (Miscellaneous Provisions) Act 1946 Compensation to Relatives Act 1897 Civil Liability Act 2002 Workers Compensation (Dust Diseases ) Act 1942 Dust Diseases Tribunal Act 1989 Workers Compensation Legislation Amendment (Dust Diseases and Other Matters) Act 1998 Corporations Act 2001 (Cth) Cases Cited: Thompson v Johnson & Johnson Pty Ltd [1991] 2 VR 449 McPherson's v Eaton (2005) 65 NSWLR 187 O'Connor v S.P.Bray Pty Ltd [1936-1937] 56 CLR 464 Caswell v Powell Duffryn Associated Collieries Ltd [1940] AC 152 State of New South Wales v Perez [2013] NSWCA 149 Nguyen v Nguyen [1990] 169 CLR 24 Griffiths v Kerkemeyer [1977] HCA 45; [1977] 139 CLR 161 Van Gervan v Fenton [1992] 175 CLR 327 Fitch v Hyde Cates [1981-1982] 150 CLR 482 Davies v Powell Duffryn Associated Collieries Ltd [1942] AC 601 Haines v Bendall [1991] 172 CLR 60 Manser v Spry [1994] 181 CLR 428 Harris v Commercial Minerals Ltd [1990] 186 CLR 1 James Hardie and Coy Pty Ltd v Newton (1997) 42 NSWLR 729 Public Trustee v Zoanetti [1945] 70 CLR 266 De Sales v Ingrilli [2002] 212 CLR 338 BI (Contracting) Pty Ltd v Strikwerda (2005) 3 DDCR 149 Boncristiano v Lohmann [1998] VSC 228 Stevens v Brodrib Sawmilling Co Pty Ltd [1985-1986] 160 CLR 16 The Commonwealth of Australia v Verwayen [1990] 170 CLR 394 Colonial Mutual Life Assurance Society Ltd v Producers & Citizens Co-operative Assurance Company of Australia Ltd [1931] 46 CLR 41 Wynbergen v Hoyts Corporation Pty Ltd [1997] HCA 52; (1997) 149 ALR 25 Category: Principal judgment Parties: Gerasimos Dionisatos (as legal personal representative of the estate of the late George Dionysatos) (Plaintiff) Acrow Formwork and Scaffolding Pty Ltd (Defendant/Cross-Claimant) Gordian Runnoff Ltd (First Cross-Defendant) The State of New South Wales (Second Cross-Defendant) Representation: J T Rush, QC with S Tzouganatos appeared for the Plaintiff G M Watson with J C Sheller appeared for the Defendant/Cross-Claimant J L Sharpe appeared for the First Cross-Defendant L P McFee appeared for the Second Cross-Defendant Turner Freeman (Plaintiff) Hunt & Hunt (Defendant/Cross-Defendant) Thompson Cooper Lawyers (First Cross-Defendant) Ellison Tillyard Callanan (Second Cross-Defendant) File Number(s): 210/2012