Piatti v ACN 000 246 542 Pty Ltd & Anor [2019] NSWDDT 7

Dust Diseases Tribunal New South Wales Medium Neutral Citation: Piatti v ACN 000 246 542 Pty Ltd & Anor [2019] NSWDDT 7 Hearing dates: 12, 13, 14 August 2019 Date of orders: 23 August 2019 Decision date: 23 August 2019 Before: Russell SC DCJ Decision: (1) Judgment for the plaintiff against the first defendant and the second defendant for $1,057,748.84. (2) Order the defendants to pay the plaintiff's costs. (3) Grant leave to approach my Associate within 7 days if any party seeks a different costs order. (4) Stand over the cross-claims to a date to be fixed, for the making of further directions and if necessary, the allocation of a hearing date. Catchwords: DUST DISEASES – exposure to asbestos – need for evidence of product identification

DAMAGES – general damages – loss of expectation of life – gratuitous assistance

DAMAGES – loss of capacity to provide gratuitous domestic services to a dependant – s 15B Civil Liability Act 2002 – whether such damages available in estate claim – whether such damages precluded as analogous to damages for loss of earning capacity – whether estate precluded from recovery as claimant had no capacity after death – compensatory principle

DAMAGES - loss of capacity to provide gratuitous domestic services to a dependant – s 15B Civil Liability Act 2002 – life expectancy of dependant – whether services provided by claimant at time liability arose set an upper limit for such damages – whether need for the services is reasonable in all the circumstances – discount for vicissitudes Legislation Cited: Civil Liability Act 2002 (NSW) Dust Diseases Tribunal Act 1989 (NSW) Law Reform (Miscellaneous Provisions) Act 1944 (NSW) Law Reform (Miscellaneous Provisions) Act 1946 (NSW) Cases Cited: Amaca Pty Limited v Raines [2018] NSWCA 216 CSR Limited v Eddy [2005] HCA 64; (2005) 226 CLR 1 Dionisatos v Acrow Formwork & Scaffolding Pty Limited [2015] NSWCA 281; (2015) 91 NSWLR 34 Skelton v Collins [1966] HCA 14; (1966) 115 CLR 94 State of New South Wales v Perez [2013] NSWCA 149; (2013) 84 NSWLR 570 Texts Cited: Brodaty et al, "Dementia time to death: a systematic literature review on survival time and years of life lost in people with dementia", International Psychogeriatrics (2012) 24:7, 1034-1045 Luntz "Assessment of Damages for Personal Injury and Death" (4th ed, LexisNexis, para 1.1.5) Category: Principal judgment Parties: Roland Leon Piatti as Legal Personal Representative of the Estate of the Late Charles Rene Abegglen (Plaintiff) ACN 000 246 542 Pty Ltd (First Defendant) Amaca Pty Limited (Second Defendant)