GLEESON CJ, McHUGH, GUMMOW, CALLINAN AND HEYDON JJ
CSR LIMITED & ANOR APPELLANTS
AND
JARRADD EDDY AS ADMINISTRATOR AD LITEM REPRESENTING THE ESTATE OF THE LATE JOHN THOMPSON RESPONDENT
CSR Limited v Eddy [2005] HCA 64
21 October 2005 S523/2004 & S524/2004
ORDER
1. Appeal allowed in Matter No S523 of 2004.
2. Appeal dismissed in Matter No S524 of 2004.
3.Set aside order (1) of the Court of Appeal of the Supreme Court of New South Wales dated 26 November 2003 and, in its place, order that:
(a) the appeal to that Court is allowed; and
(b)the judgment of the Dust Diseases Tribunal of New South Wales dated 4 April 2003 be reduced to $300,419.49.
4. Appellants to pay the costs of the respondent in this Court.
On appeal from the Supreme Court of New South Wales
Representation:
D F Jackson QC with T G R Parker for the appellants in both matters (instructed by Makinson & d'Apice Lawyers)
M J Joseph SC with F L Austin and S P W Glascott for the respondent in both matters (instructed by Alex Stuart & Associates)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
CSR Limited v Eddy
Negligence – Damages – Asbestos-related disease – Compensation for plaintiff's inability to provide domestic assistance to wife – Whether damages are recoverable where a personal injury prevents a plaintiff from providing gratuitous personal or domestic services for another person ("Sullivan v Gordon damages") – Whether Sullivan v Gordon damages are analogous to Griffiths v Kerkemeyer damages – Whether Sullivan v Gordon should be accepted as part of the common law of Australia – Whether Sullivan v Gordon damages could be recovered for those years in which services may have been provided after the plaintiff's death up until the expected date of death but for the tort.
Costs – Resolution of legal point – Relevance of recurrent litigant – Relevance of plaintiff with no interest in legal position beyond litigation.
GLEESON CJ, GUMMOW AND HEYDON JJ. The defendants (who are the appellants in this Court) admitted liability for negligently exposing the plaintiff to asbestos and thereby causing him to contract mesothelioma. The trial judge, Judge O'Meally, the President of the Dust Diseases Tribunal of New South Wales, ordered the appellants to pay $465,899.49 in damages to the plaintiff[1]. The New South Wales Court of Appeal dismissed an appeal against that judgment with costs[2].
The appellants now appeal against those orders[3]. The point at issue relates to one element in the damages: the figure of $165,480. That sum was described in the courts below as "Sullivan v Gordon damages"[4]. It was…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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Details
AGLC
CSR Ltd v Eddy [2005] HCA 64
Case
[2005] HCA 64
Decision Date
CaseChat Overview and Summary
In *CSR Ltd v Eddy*, the High Court of Australia considered appeals concerning the recoverability of damages for a plaintiff's inability to provide domestic assistance to his wife due to an asbestos-related disease. The primary dispute revolved around whether such damages, often referred to as "Sullivan v Gordon damages," were a legitimate head of compensation under Australian common law.
The central legal issues before the High Court were whether damages for the loss of capacity to provide gratuitous domestic services to a spouse were recoverable, and if so, whether the principles established in *Sullivan v Gordon* should be adopted as part of Australian common law. The Court also had to determine if such damages could be awarded for the period between the plaintiff's death and his expected date of death, had he not succumbed to his illness.
The High Court, in a majority decision, held that *Sullivan v Gordon* correctly identified a compensable loss. The Court reasoned that the inability to provide gratuitous domestic services to a spouse is a distinct loss flowing from the tortfeasor's negligence, and that the common law should recognise this loss. The principles applied were those of established tortious liability for damages, focusing on the direct consequences of the defendant's wrongful act. The Court distinguished the situation from claims for services provided by the plaintiff to himself, which are not recoverable.
Consequently, the High Court allowed the appeal in one matter and dismissed it in another. The Court of Appeal's order was set aside, and the judgment of the Dust Diseases Tribunal was reduced. The appellants were ordered to pay the costs of the respondent in the High Court.
Orders
Orders of the court
1. Appeal allowed in Matter No S523 of 2004.
2. Appeal dismissed in Matter No S524 of 2004.
3. Set aside order (1) of the Court of Appeal of the Supreme Court of New South Wales dated 26 November 2003 and, in its place, order that:
(a) the appeal to that Court is allowed; and
(b) the judgment of the Dust Diseases Tribunal of New South Wales dated 4 April 2003 be reduced to $300,419.49.
4. Appellants to pay the costs of the respondent in this Court.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
GLEESON CJ, GUMMOW AND HEYDON JJ
(dissent)
CALLINAN J