Webber v Comcare [2018] NSWDDT 10

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Webber v Comcare [2018] NSWDDT 10 Hearing dates: 3, 5, 7 December 2018 Date of orders: 11 December 2018 Decision date: 11 December 2018 Before: Russell SC DCJ Decision: (1) Judgment for the plaintiff against the defendant for $1,101,685. (2) Order the defendant to pay the plaintiff's costs. (3) Grant leave to contact my Associate within three days, if any party wishes to contend for a different order on costs. (4) Grant leave to the defendant and the cross-defendant to contact my Associate within three days, to indicate whether those parties wish a further hearing to take place in relation to the cross-claim. Catchwords: CHOICE OF LAW – choice of law rules at common law are part of the law of New South Wales – in respect of inter-State torts, the governing law is the lex loci delicti – questions of the kinds of damage and the amount of damages are substantive issues governed by the lex loci delicti

DAMAGES – assessment under New South Wales law – general damages – statutory damages for loss of capacity to provide gratuitous domestic services to a dependant

DAMAGES – assessment under Northern Territory law – general damages to include damages for loss of capacity to provide gratuitous domestic services to a dependant

DAMAGES – mesothelioma is an indivisible injury – defendant liable for all of the damages assessed pursuant to choice of law rule Legislation Cited: Civil Liability Act 2002 Dust Diseases Tribunal Act 1989 Dust Diseases Tribunal Regulation 2013 Judiciary Act 1903 (C'th) Cases Cited: Amaca Pty Limited v Phillips [2014] NSWCA 249 Amaca Pty Limited v Raines [2018] NSWCA 216 CSR Limited v Eddy (2005) HCA 64; 226 CLR 1 Griffiths v Kerkemeyer [1977] HCA 45; 139 CLR 161 Pfeiffer v Rogerson [2000] HCA 36; 203 CLR 503 Sullivan v Gordon (1999) 47 NSWLR 319 Texts Cited: Prosser and Keeton on Torts Category: Principal judgment Parties: Kevin Webber (Plaintiff) Comcare (Defendant) Amaca Pty Limited (Cross-Defendant) Representation: Counsel: G J Parker SC with A Giurtalis (Plaintiff) G M Watson SC with D Tang (Defendant) J Sheller (Cross-Defendant)