Dust Diseases Tribunal
New South Wales
Medium Neutral Citation: Londos v Amaca Pty Limited [2017] NSWDDT 7 Hearing dates: 31 July 2017, 1-4 August 2017, 9-10 August 2017 Date of orders: 22 August 2017 Decision date: 22 August 2017 Before: Judge D. Russell Decision: 1. Judgment for the plaintiff for $504,756.
2. Order the defendant to pay the plaintiff’s costs.
3. If either party seeks some different order to that usual costs order, then I grant liberty to the parties to file further written submissions limited to the question of costs as follows:
(a) Party seeking a different costs order to file and serve written submissions within 14 days of this judgment;
(b) Party opposing such costs order to file their written submissions in reply within a further 14 days;
(c) The question of any different costs order is to be dealt with on the papers, unless any party requests the opportunity to make oral submissions.Catchwords: DUST DISEASES – exposure – damages
DAMAGES – loss of receipt of pension – deduction for savings in the “lost years”Legislation Cited: Civil Liability Act 2002
Workers Compensation Act 1987
Dust Diseases Tribunal Act 1989Cases Cited: Zanetic v Amaca Pty Limited [2017] NSWDDT 5
The National Insurance Company of New Zealand Limited v Espagne [1961] HCA 15; 105 CLR 569
Graham v Baker [1961] HCA 48; 106 CLR 340
Teubner v Humble [1963] HCA 11; 108 CLR 491
Oliver v Ashman [1962] 2 QB 210; [1961] 3 All ER 323
Skelton v Collins [1966] HCA 14; 115 CLR 94
Sharman v Evans [1977] HCA 8; 138 CLR 653
Todorovic v Waller [1981] HCA 72; 150 CLR 402
Fitch v Hyde-Cates [1982] HCA 11; 150 CLR 482
Haines v Bendall [1991] HCA 15; 172 CLR 60
Medlin v The State Government Insurance Commission [1995] HCA 5; 182 CLR 1
Husher v Husher [1999] HCA 47; 197 CLR 138
CGU Workers Compensation (NSW) Limited v Garcia [2007] NSWCA 193; 69 NSWLR 680
Pickett v British Rail Engineering Limited [1980] AC 136; [1979] 1 All ER 774;
Adsett v West [1983] 1 QB 826; 2 All ER 985
Gabriel v Nuclear Electric PLC [1996] PIQR Q1
Phipps v Brooks Dry Cleaning Services Limited [1996] PIQR Q100
Harris v Commercial Minerals Limited [1996] HCA 49; 186 CLR 1
CSR Limited v Eddy [2005] HCA 64; 226 CLR 1
James Hardie & Coy Pty Limited v Roberts [1999] NSWCA 314; 47 NSWLR 425
Kallouf v Midis [2008] NSWCA 61
Latz v Amaca Pty Limited [2017] SADC 56
Lynch v Amaca Pty Limited [2004] NSWDDT 1
Roberts v Amaca Pty Limited [2009] NSWDDT 28Texts Cited: Law Commission Report No. 56
“Tobacco Smoking and All-Cause Mortality in a large Australian cohort study: Findings from mature epidemic with current low smoking prevalence”, BMC Medicine (2015) 13:38Category: Principal judgment Parties: Peter Londos (plaintiff)
Amaca Pty Limited (formerly James Hardie & Coy…
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- AGLC
- Londos v Amaca Pty Ltd [2017] NSWDDT 7
- Case
- [2017] NSWDDT 7
- Decision Date
CaseChat Overview and Summary
The court found that the plaintiff was entitled to recover damages for the lost pension, taking into account the amount of the pension and the length of time it was lost. The court also found that it was appropriate to deduct savings made by the plaintiff during the “lost years” from the damages award, as the plaintiff would have made these savings if he had been aware of his disease. The court awarded the plaintiff damages in the amount of $504,756, which included the lost pension and the deduction for savings in the “lost years.” The court also ordered the defendant to pay the plaintiff’s costs and granted liberty to the parties to file further written submissions limited to the question of costs if either party sought a different order to that usual costs order.
Orders
Orders of the court
1. Judgment for the plaintiff for $504,756.
2. Order the defendant to pay the plaintiff’s costs.
3. If either party seeks some different order to that usual costs order, then I grant liberty to the parties to file further written submissions limited to the question of costs as follows:
(a) Party seeking a different costs order to file and serve written submissions within 14 days of this judgment;
(b) Party opposing such costs order to file their written submissions in reply within a further 14 days;
(c) The question of any different costs order is to be dealt with on the papers, unless any party requests the opportunity to make oral submissions.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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