Legal Research
Cases
Easther v Amaca Pty Ltd

Easther v Amaca Pty Ltd

Case [2001] WASC 328 30 November 2001

General Damages

Loss of Earning Capacity

Future Care Costs

Medical Expenses

Loss of Domestic Services

Personal Injury Law

Asbestos Litigation

No judgment structure available for this case.

Type to search within this case.

EASTHER -v- AMACA PTY LTD (formerly JAMES HARDIE & COY PTY LTD) [2001] WASC 328

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2001] WASC 328
Case No:	CIV:1914/2001	Heard:	29-31 OCTOBER 2001
Coram:	SCOTT J	Delivered:	30/11/01
No of pages:	29	Judgment Part:	1 of 1
Result:	Damages assessed at $347,620 plus past expenditure to be verified
Category:	C
PDF Version

Parties:	BARRY NEVILLE EASTHER AMACA PTY LTD (formerly JAMES HARDIE & COY PTY LTD)
Catchwords:	Damages Assessment of damages Mesothelioma Future loss of earnings where constant employment uncertain Loss of capacity to care for mother Whether general damages or specific award Burnicle v Cutelli considered and not followed
Legislation:	Nil
Case References:	Arthur Murfett v Wallaby Grip Limited & Anor, unreported; DDT of NSW (Curtis J); Matter No DDT 105 of 2000; 29 August 2000 Bevan v Amaca Pty Ltd, unreported; DDT of NSW (Curtis J); Matter No DDT 254 of 2001; 24 October 2001 Brennan v James Hardie & Coy Pty Ltd, unreported; DDT of NSW (Curtis J); 2 March 2001 Burnicle v Cutelli [1982] 2 NSWLR 26 Coulthard v CSR Ltd & Anor, unreported; (Owen J); Library No 920496 2 October 1992 Enzio Panizza v Amaca Pty Limited, unreported; DDT of NSW (Little J); Matter No DDT 81 of 2001; 4 July 2001 Griffiths v Kerkemeyer (1977) 139 CLR 161 Helene Edwards v James Hardie & Coy Pty Ltd, unreported; DDT of NSW (O'Meally P); Matter No DDT 198 of 2000; 30 November 2000 Husher v Husher & Anor (1999) 197 CLR 138 Jongen v CSR Ltd & Anor [1992] ATR 81 Maiward v Doyle [1983] WAR 210 Paul v Rendell (1981) 55 ALJR 371 Planet Fisheries Pty Ltd v Larosa [1968] 119 CLR 118 Stephen Smith v Sydney Water Corporation Ltd [2000] NSW DDT 100 of 2000; 20 December 2000 Stephen Smith v Sydney Water Corporation Ltd [2000] NSWDDT 13 Sullivan v Gordon (1999) A Tort Rep 81-524 Van Gervan v Fenton (1992) 175 CLR 327 Bowen v Tutte [1990] A Tort Rep 68-079 Bresatz v Przibilla (1962) 108 CLR 541 CSR Ltd v Wren (198) A Tort Rep 81-461 CSR Ltd v Young (1998) 16 NSWCCR 56 Graham v Baker (1961) 106 CLR 340 Helene Edwards v James Hardie & Coy Pty Ltd, unreported; DDT of NSW (Curtis J); 3 December 2000 James Hardie & Coy Pty Limited v Roberts & Anor [1999] NSWCA 314 Malec v JC Hutton Pty Ltd (1990) 169 CLR 638 Medlin v State Government Insurance Commission (1995) 182 CLR 1 Munro v Commonwealth of Australia, unreported; DDT of NSW (Curtis J); Matter No DDT 292 of 2001; 25 September 2001 Nagle v Rottnest Island Authority, unreported; SCt of WA; Library No 940724; 22 December 1994 Napolitano v CSR Ltd v Midalco Pty Ltd, unreported; SCt of WA (Seaman J); Library No 940487; 30 August 1994 Neal v CSR & Anor, unreported; FCt SCt of WA; Library No 8527; 3 October 1988 Nicholson v Nicholson (1994) 35 NSWLR 308 O'Dwyer…

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.

Continue reading Easther v Amaca Pty Ltd

Details

AGLC: Easther v Amaca Pty Ltd [2001] WASC 328
Case: [2001] WASC 328
Decision Date

CaseChat Overview and Summary

This case concerns a claim by Barry Neville Easther for damages arising from the development of mesothelioma as a consequence of his exposure to asbestos products during his employment. The defendant, Amaca Pty Ltd (formerly James Hardie & Coy Pty Ltd), admitted liability for the plaintiff's injuries. The primary legal issues for the court to decide were the appropriate measure and amount of damages to be awarded to the plaintiff, including general damages, loss of future earnings, and care costs. The court assessed the plaintiff's claim based on his age, the impact of his illness on his ability to work, and the care he would require. The court found that the plaintiff's mesothelioma had severely impacted his health, leading to significant pain and loss of function. It determined that the plaintiff's future earning capacity was uncertain, given his age and the intermittent nature of available work. The court awarded general damages of $130,000, loss of future earnings of $86,496, and care costs totaling $347,620, including past out-of-pocket expenses. The total damages assessed, plus past expenditure to be verified, amounted to $347,620.

Orders