Amaca Pty Ltd v Raines

Amaca Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of the Dust Diseases Tribunal. The appeal concerned damages awarded to the respondent, Mr Stephen John Raines, for the loss of his capacity to provide gratuitous domestic services to his wife, who suffered from a dust-related disease.

The primary legal issues before the Court of Appeal were whether the primary judge erred in awarding damages for the loss of capacity to provide "passive care," whether damages were recoverable when the claimant and another person jointly provided care, and whether damages were available if an alternative carer would have provided the services in the absence of the claimant. The Court also considered whether the primary judge had provided adequate reasons for the decision and whether the admission of the entire report of a geriatrician, which opined on the number of hours of care provided by the claimant, was appropriate.

The Court of Appeal considered the construction of section 15B of the *Civil Liability Act 2005* (NSW) and section 32(1) of the *Dust Diseases Tribunal Act 1989* (NSW). The Court found no error in the primary judge's approach to awarding damages for loss of capacity to provide gratuitous domestic services, including passive care. It was held that damages could be awarded even if care was provided jointly or if an alternative carer existed. The Court also determined that the primary judge's reasons were adequate and that the admission of the geriatrician's report was permissible.

Consequently, the Court of Appeal dismissed the appeals in each matter, with costs awarded to the respondent. The Court also ordered that Mr Stephen John Raines be appointed to represent the respondent's estate for the purposes of the proceedings.