Stewart v QBE Insurance (Australia) Limited

In the case of Stewart v QBE Insurance (Australia) Limited, the plaintiff sought damages from the defendant, the employer of the plaintiff’s deceased husband, who had been exposed to asbestos in the course of his employment. The deceased's employer was found negligent, and the plaintiff obtained a verdict against the employer. The plaintiff further sought a verdict against the employer based on contributions assessment and clause 52 of the Dust Diseases Regulation 2007. The court was required to determine whether the plaintiff was entitled to a verdict under these provisions.

The court examined the relevant legislative provisions and held that the Dust Diseases Regulation 2007 did not permit the plaintiff to obtain a verdict against the employer on the basis sought. The court also assessed the damages and interest, which were agreed upon by the parties. The court considered the loss of expectation of life and gratuitous care provided by the plaintiff. It was established that the test for recovery of damages for gratuitous care is not the supply of the care but the need for the care. Under section 15B, the test is not the supply of services but whether the dependant was not capable of performing the services and whether the need for the services to be provided is reasonable in all the circumstances.

The court found that the plaintiff was entitled to damages for gratuitous care provided to the deceased, as the plaintiff was not capable of performing the services and the need for the services was reasonable. The court awarded the agreed damages and interest to the plaintiff. The final orders of the court were that the plaintiff recover the agreed damages and interest from the defendant.