Amaca Pty Ltd v Latz

This case involved a cross-appeal by Mr Latz against an award of damages for personal injuries sustained due to mesothelioma. The appeal was heard by Blue, Stanley, and Hinton JJ of the Supreme Court of South Australia. Mr Latz sought to challenge the trial judge's assessment of future economic loss, loss of capacity to perform domestic services, and the quantum of exemplary damages.

The primary legal issues before the Full Court concerned the recoverability of damages for the loss of a superannuation pension, particularly in the "lost years," and the loss of an age pension. The Court was also required to determine the scope of compensable "domestic services" under the Dust Diseases Act 2005 (SA), the appropriate assessment of personal maintenance costs in the lost years, and the adequacy of exemplary damages awarded.

The Court allowed Amaca Pty Ltd to argue the point regarding the recoverability of damages for the superannuation pension, despite it not being raised at trial. On the issue of domestic services, the Court held that compensation under the Act is limited to services rendered to members of the plaintiff's household, excluding home maintenance and focusing on care for dependants, to be calculated by reference to commercial replacement costs. The Court also found that the trial judge erred in assessing the cost of maintenance in the lost years at $210 per week, determining that $185 per week was the appropriate rate.

Ultimately, the Full Court allowed both the appeal and the cross-appeal, setting aside the original award of damages. The Court re-assessed the damages and ordered Amaca Pty Ltd to pay Mr Latz damages in the sum of $782,000, with parties to be heard on the issue of costs.