Piatti v ACN 000 246 542 Pty Ltd

In Piatti v ACN 000 246 542 Pty Ltd, the plaintiff sought compensation for injuries caused by exposure to asbestos, leading to asbestosis. The defendants, two companies, were alleged to have been responsible for the plaintiff's exposure. The case was heard in the Supreme Court of New South Wales. The plaintiff claimed damages for the loss of expectation of life, gratuitous assistance, and loss of capacity to provide gratuitous domestic services to a dependant. The court had to determine whether the estate could recover for the loss of gratuitous domestic services, whether such damages were precluded as analogous to damages for loss of earning capacity, and whether the estate could recover if the claimant had no capacity after death. The court also had to decide whether the life expectancy of the dependant set an upper limit for such damages and whether the need for the services was reasonable in all circumstances.

The court examined the evidence provided to establish the product identification and the causal link between the asbestos exposure and the plaintiff's illness. The court held that the evidence was sufficient to establish the defendants' liability. Regarding the damages, the court ruled that the estate could recover for the loss of gratuitous domestic services under section 15B of the Civil Liability Act 2002, as it was not precluded as analogous to damages for loss of earning capacity. The court also determined that the life expectancy of the dependant did not set an upper limit for such damages, and the need for the services was reasonable in all circumstances. The court further found that there was no need for a discount for vicissitudes.

The court awarded judgment for the plaintiff against the first and second defendants for $1,057,748.84. The defendants were ordered to pay the plaintiff's costs. The cross-claims were stood over to a date to be fixed, for the making of further directions and if necessary, the allocation of a hearing date. Any party seeking a different costs order was granted leave to approach the Associate within seven days.