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Personal Injuries – Dust Diseases
 Amaca Pty Ltd v Booth; Amaba Pty Ltd v Booth [2011] HCA 53 (14 December 2011) Further to earlier postings regarding Booth, I refer you to the High Court summary and note the majority dismissed the appeal, with the exception of Heydon J. The issue for determination was whether the trial judge’s rationale, which was...
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Further to my earlier posting, I refer you to the appeal: Amaca Pty Ltd v Hicks [2011] NSWCA 295. The main issues were the late admission of the report of Professor Breslin and gratuitous care pursuant to s 15 of the Civil Liability Act 2002 (NSW), which provides for the maximum amount of damages that...
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Further to my earlier postings regarding causation in lung cancer claims where there is a contest between smoking and asbestos causing the lung cancer, I refer you to Evans v Queanbeyan City Council [2011] NSWCA 230. Notably, the Court of Appeal (NSW) left the contentious issue of whether a material increase in the risk is...
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King v Amaca Pty Ltd (under NSW administered winding up) [2011] VSC 422 This is a somewhat unusual example of a causation trial which was held before jury. A verdict was returned in favour of the plaintiff ($1.15m) on the basis of only 6 hours of asbestos exposure at Amaca’s (James Hardie) factory being a sufficient causal connection for...
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WorkCover Queensland v Amaca Pty Limited (No 2) [2011] QSC 358 Justice Boddice was asked to determine whether an assignment of a personal injuries action was valid. The circumstances of the assignment sought to be relied on stem from WorkCover seeking to recover the statutory benefit pursuant to s.207B of the Workers’ Compensation and Rehabilitation...
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 Further to my earlier posting regarding the DDT decision of Booth (and Special Leave being granted) I draw your attention to the hearing transcripts: Amaca Pty Limited (Under NSW Administered Winding Up) v Booth & Anor; Amaba Pty Limited (Under NSW Administered Winding Up) v Booth & Anor [2011] HCATrans 276 (4 October 2011) Amaca...
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Hicks v Amaca Pty Limited [2010] NSWDDT 16 Kearns J’s assessment of quantum for asbestosis in this matter is an example of the higher allowance given for General Damages ($150,000) in the DDT. In this instance, the plaintiff: ·         was aged 66 years; ·         had a significant smoking history; ·         had an assessed impairment of...
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Dasreef Pty Ltd v Hawchar [2011] HCA 21 I refer you to the summary of this decision, which concerned whether the “specialist” nature of the Dust Diseases Tribunal (DDT) allowed the primary judge “to take into account [his] experience that this disease [silicosis] is usually caused by very high levels of silica exposure“, when the...
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I refer you to the attached Legalwise brochure re: upcoming asbestos litigation seminar on the 28th of July 2011. Please note that Dr David McEvoy will now be presenting in lieu of Professor Roger Allen. Brisbane Barrister – David Cormack
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I refer to my earlier posting in relation to Amaca Pty Ltd v Ellis; The State of South Australia v Ellis; Millennium Inorganic Chemicals Ltd v Ellis [2010] HCA 5 (3 March 2010) and the issue of causation and note the judgment of AMABA PTY LTD (UNDER NSW ADMINISTERED WINDING UP) v BOOTH; AMACA PTY...
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