Kenneth Wallace v Amaca Pty Limited

[2007] NSWDDT 5

Dust Diseases Tribunal

of New South Wales

CITATION:	Kenneth Wallace v Amaca Pty Limited [2007] NSWDDT 5
PARTIES:	Kenneth Wallace Amaca Pty Limited
MATTER NUMBER(S):	6240 of 2006
JUDGMENT OF:	Kearns J
CATCHWORDS:	Dust Diseases Tribunal :- addendum to judgment claim for loss of expectation of life verdict and judgment amended accordingly
DATES OF HEARING:	11/01/2007; 15/01/2007
DATE OF JUDGMENT:	15 January 2007
LEGAL REPRESENTATIVES:	Mr J L Sharpe instructed by Turner Freeman appeared for the plaintiff Mr J C Sheller instructed by DLA Phillips Fox appeared for the defendant

JUDGMENT:

2

Dust Diseases Tribunal of New South Wales

Matter No. DDT6240 of 2006

Kenneth Wallace

(Plaintiff)

v

Amaca Pty Limited

(formerly James Hardie & Coy Pty Limited)

(Defendant)

11 January 2007

ADDENDUM TO JUDGMENT

KEARNS J

1. When I delivered reasons for judgment in this matter, I delivered verdict and judgment in the sum of $185,386.98. Shortly after that, I was contacted by counsel for the plaintiff, with the concurrence of the solicitor for the defendant, and he pointed out to me that I had not dealt with the claim for loss of expectation of life. I informed him that I had overlooked it and I proposed to make an allowance of $10,000.

2. Soon thereafter, I was contacted by Mr Con Gotis-Graham, solicitor for the defendant, with the concurrence of Mr Sharpe, and he asked me whether I had overlooked the claim for loss of expectation of life or whether I had included it in the sum allowed for general damages. I informed him that I had overlooked it.

3. I informed both Mr Sharpe and Mr Gotis-Graham that I proposed to amend the verdict and judgment accordingly. They both agreed and neither had anything to say as to the amount I suggested.

4. Accordingly, I amended the verdict and judgment I entered in favour of the plaintiff to change it from $185,386.98 to $195,386.98.

5. The matter will be formally listed for Monday, 15 January 2007 to record this amendment.

*****

Mr J L Sharpe instructed by Turner Freeman appeared for the plaintiff.

Mr J C Sheller instructed by DLA Phillips Fox appeared for the defendant.