Mosley v the Broken Hill Proprietary Co Ltd No. Scgrg-97-217 Judgment No. S6522

This case concerns a claim for damages by an employee against his employer for personal injuries. The plaintiff, born in England in 1953 and migrated to Australia in 1966, was employed by BHP from 1970 to 1986, with periods of employment between 1974 and 1976. The plaintiff alleged exposure to asbestos during his employment, particularly between 1970 and 1971, and again from 1978 to 1980. The plaintiff commenced proceedings in 1994, seeking damages for personal injuries, loss, and damage, as well as aggravated and exemplary damages. The defendant denied liability and contested the plaintiff's claim. During the trial, the defendant admitted liability, limiting the period of exposure to asbestos to 1972 to 1973 and agreeing to pay the plaintiff's costs and disbursements. The plaintiff abandoned his claim for aggravated and exemplary damages. The court found that the plaintiff had suffered from asbestos-related pleural disease, which caused pain and a loss of lung function. The plaintiff also experienced a major depressive disorder due to his illness, exacerbated by the defendant's denial of liability. The court awarded damages for past and future pain and suffering, future medical expenses, and loss of future earning capacity. The total damages awarded were $253,000, including interest on past pain and suffering.