Amaca Pty Limited v Werfel & Anor [2021] HCATrans 146 (10 September 2021) The High Court refused special leave that there was an error in whether the duty to warn of in situ asbestos products failed to account for the indeterminacy of the class of persons at risk of harm and the period of the...Read More
Amaca Pty Limited v Latz; Latz v Amaca Pty Limited [2018] HCA 22 (13 June 2018) I refer you to the judgment summary and the uncontentious facts. Mr Latz contracted mesothelioma and claimed the loss of his pension ($5,106.00 per annum) and superannuation ($51,162.00 per annum) for the ‘lost years’ – a period of 16...Read More
Dib v Amaca Pty Limited [2017] NSWDDT 6 The plaintiff suffered mesothelioma and made a claim against Amaca Pty Limited for damages. Among the many items in contention was the claim for the aged pension during the ‘lost years’ following the decision in Latz v Amaca Pty Limited [2017] SADC 56. Judge Russell undertook a...Read More
(re Dargan) Amaca Pty Limited v Northern Sydney Health Services & Ors [2017] NSWDDT 1 In re Dargan, the plaintiff suffered from mesothelioma and before his death, the plaintiff received from WorkCover the statutory benefit of $627,407.00 and entered into an agreement with WorkCover to pursue a claim against Amaca Pty Limited (“Amaca”). The terms...Read More
Yarrow v Workers’ Compensation Regulator [2017] QIRC 002 Deputy President Kaufman In issue was whether a payment of NZD $133,802.28 made by the Accident Compensation Commission (‘the ACC’) under the Accident Compensation Act 2001 (NZ)) for mesothelioma to a worker was caught by s 118 of the Workers’ Compensation and Rehabilitation Act 2003. If caught, the worker...Read More
Alcan Gove Pty Ltd v Zabic [2015] HCA 33 (7 October 2015) I refer to the earlier posting regarding the first instance and Court of Appeal (NT) decisions. The High Court dismissed the defendant’s appeal and upheld the Court of Appeal decision in favour of the plaintiff. The debate has raged as to whether the...Read More
Shaw v BHP Billiton Ltd [2015] SADC 3 This decision follows BHP Billiton Limited v Parker (2012) 113 SASR 206 in allowing exemplary damages in asbestos cases in South Australia and their general increase in awards for damages in such claims. David Cormack – Brisbane Barrister & MediatorRead More
Estate of Cooper v The Regulator [2015] QIRC 38 An interesting decision and application of whether competing significant factors of smoking and non-work related exposure to asbestos satisfied the test in s.32(1) of the Workers’ Compensation and Rehabilitation Act 2003. In this instance, Commissioner Fisher was satisfied with the evidence of Dr Edwards Thoracic Physician...Read More
Further to the recent decision of Dunning v BHP Billiton Limited [2014] NSWDDT 3 (appeal:BHP Billiton Ltd v Dunning [2015] NSWCA 55) and the earlier jury verdict in Amaca Pty Ltd v King [2011] VSCA 447 ; obita dicta in Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82, the decision in Amaca Pty Ltd v...Read More
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