Howard Smith & Patrick Travel Pty Ltd v Comcare [2014] NSWCA 215

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Howard Smith & Patrick Travel Pty Ltd v Comcare [2014] NSWCA 215 Hearing dates: 16 May 2014 Decision date: 03 July 2014 Before: Beazley P at [1]; Basten JA at [2]; Sackville AJA at [69] Decision: (1) Dismiss the appeal. (2) Order the appellant to pay the respondent's costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: EVIDENCE - admissibility - opinion evidence - worker exposed to asbestos dust during employment - admissibility of statements of workers alleging exposure to asbestos dust - whether identification of dust as asbestos inadmissible as opinion - whether evidence admissible as perception of a fact - whether evidence admissible as opinion based on specialised knowledge - Evidence Act 1995 (NSW), ss 76(1), 78, 79

TORT - joint tortfeasors - contribution between tortfeasors - worker sued statutory authority in negligence - statutory authority settled without admitting liability - statutory authority sought contribution from worker's employer - whether statutory authority liable to worker - whether erroneous apportionment of liability - whether failure to consider relative culpability of parties - Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5(2)