Martin v Amaca Pty Limited [2017] NSWDDT 8

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Martin v Amaca Pty Limited [2017] NSWDDT 8 Hearing dates: 29, 30 June, 13 September 2017 Date of orders: 15 September 2017 Decision date: 15 September 2017 Before: Judge D. Russell Decision: (1) Judgment for the plaintiff against the defendant for $472,586. (2) Order the defendant to pay the plaintiff's costs. (3) Grant liberty to apply to my Associate if any different costs order is sought by either party. Catchwords: DUST DISEASES – exposure - damages Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1944 Civil Liability Act 2002 Dust Diseases Tribunal Act 1989 Cases Cited: Londos v Amaca Pty Limited [2017] NSWDDT 7 Category: Principal judgment Parties: Karen Martin (plaintiff) Amaca Pty Limited (defendant) Representation: Counsel: Mr J. Rush QC (plaintiff) S. Tzouganatos (plaintiff) Mr J. Sheller (defendant)

Solicitors: Turner Freeman (plaintiff) Mills Oakley (defendant) File Number(s): DDT 28/2017

Judgment 1. Mr John Leslie Martin suffered from left-sided malignant biphasic mesothelioma. Diagnosis of his condition was not in dispute. The plaintiff was born on 22 November 1955 and died from his disease on 5 July 2017 aged 61 years. 2. The plaintiff sues Amaca Pty Limited alleging exposure to the asbestos cement building products of James Hardie. 3. The only issues in the case are whether or not Mr Martin was exposed to James Hardie products, and if so, damages. 4. The matter was commenced by a Statement of Claim filed on 8 February 2017. The Statement of Particulars was filed on 20 April 2017. The matter was removed from the Claims Resolution Process (CRP) by order of Judge Kearns on 27 June 2017. Mr Martin's evidence was taken at a bedside court held on 29 June 2017 at Mount Druitt Palliative Care. The hearing continued on 30 June 2017, and matter was stood over for further hearing on 6 July 2017, which was the date requested by the plaintiff. Mr Martin died on 5 July 2017, the day before the proposed resumption of the hearing. On 31 July 2017 Mr Martin's widow Ms Karen Martin was substituted as the plaintiff and the matter proceeded as an estate claim pursuant to s 2(1) of the Law Reform (Miscellaneous Provisions) Act 1944.