Lavis v Amaca Pty Ltd [2018] NSWDDT 6

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Lavis v Amaca Pty Ltd [2018] NSWDDT 6 Hearing dates: 19 and 24 April 2018 Date of orders: 24 April 2018 Decision date: 24 April 2018 Before: Scotting J Decision: 1. Verdict and judgment for the plaintiff in the sum of $482,878.64. 2. Defendant to pay the plaintiff's costs as agreed or assessed on the ordinary basis. 3. I grant a stay in relation to the judgment in the sum of $53,668 being the loss of superannuation entitlement claim. Catchwords: DUST DISEASES – exposure – mesothelioma – asbestos – illness DAMAGES – general – interest – out of pocket expenses – gratuitous care – need for care – domestic services – loss of expectation of life – future loss of superannuation entitlements – maintenance deductions OTHER – construction of storage shed – asbestos cement fibro planks – home renovations Cases Cited: Amaca Pty Ltd v Latz [2017] SASCFC 145 CSR v Eddy [2005] 226 CLR 1 Dib v Amaca [2017] NSWDDT 6 Fitch v Hyde‑Cates (1982) 150 CLR 482 Londos v Amaca [2017] NSWDDT 7 Category: Principal judgment Parties: Leonard Raymond Lavis (Plaintiff) Amaca Pty Ltd (Defendant) Representation: Counsel: P C B Semmler QC with S Tzouganatos (Plaintiff) D A Priestley SC with I Griscti (Defendant)

Solicitors: Slater & Gordon (Plaintiff) Mills Oakley Lawyers (Defendant) File Number(s): 51/18 Publication restriction: None