Kennedy v Cimic Group Limited and CPB Contractors Pty Ltd

Kennedy brought an action against Cimic Group Limited and CPB Contractors Pty Ltd, claiming damages for mesothelioma caused by exposure to asbestos during his employment. The case was heard in the Supreme Court of New South Wales. The primary issues for the court were the assessment of damages for the plaintiff's condition, including general damages for non-pecuniary loss, and the applicable choice of law between New South Wales and Western Australia. The court also needed to determine the appropriate tariff for mesothelioma, the value of gratuitous attendant care services, and the loss of capacity to provide gratuitous domestic services to a grandchild with substantial needs.

The court found that the plaintiff's employment history included exposure to asbestos, leading to his mesothelioma diagnosis. In assessing damages, the court considered the plaintiff's non-pecuniary losses, such as pain and suffering, and applied the relevant legal principles to determine an appropriate award. The court determined that the appropriate choice of law was New South Wales, as the plaintiff's mesothelioma diagnosis and treatment occurred in that jurisdiction. The court also established a tariff for mesothelioma, taking into account the severity of the plaintiff's condition and the impact on his life expectancy. Additionally, the court evaluated the value of the gratuitous attendant care services provided by the plaintiff's wife and the loss of capacity to provide gratuitous domestic services to his grandchild.

The court ultimately awarded the plaintiff $690,562 against the first defendant and $585,343 against the second defendant. The plaintiff was entitled to seek satisfaction of either or both judgments to a maximum of $690,562. The defendants were ordered to pay the plaintiff's costs of the proceedings on the ordinary basis, as agreed or assessed, with liberty granted to the parties to approach the Associate to relist the matter if a different costs order was sought.