Londos v Amaca Pty Ltd

Londos brought a claim against Amaca Pty Ltd, alleging that he developed a dust disease as a result of exposure to silica dust at work. The court was required to determine the appropriate amount of damages to award the plaintiff, which included the loss of receipt of a pension and the deduction for savings in the “lost years” during which the plaintiff was not aware of his disease. The court had to decide whether the plaintiff was entitled to recover damages for the lost pension and, if so, what amount was appropriate. Additionally, the court needed to consider whether it was appropriate to deduct any savings the plaintiff made during the “lost years” from the damages award.

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.