Wong on Civil Liability

Archive of decisions on General Damages in Mesothelioma claims in Australia

Work-in-progress, Sorted by Year: 27 September 2024.

For a history of mesothelioma litigation in WA 1977 to 2002 (Wittenoom, etc), see John Gordon, 'Doctors in the Courtroom: Medico-Legal Aspects of Mesothelioma in Australia', in Bruce WS Robinson and A Philippe Chahinian, Mesothelioma (CRC Press, 2002). <https://doi.org/10.3109/9780203994474>; <https://books.google.com.au/books?id=4iepDwAAQBAJ&printsec=frontcover#v=onepage&q&f=false>.

Eg, Maas v Midalco (1997, WASC), Joosten v Midalco (1989) AILR 499, etc. 

General Damages - commentary: 

• John Lawrence O'Meally, 'Asbestos Litigation in New South Wales' (2007) 15(3) Journal of Law and Policy 1209.

• Talia Siataga, 'James Hardie and the Development of Parent Company Liability: New Zealand as a Forum for Transnational Human Rights Litigation?' (2021) 28 Canterbury Law Review 77, 88 et seq.

• Neil Gunningham, 'Asbestos-Related Diseases and Workers’ Compensation' (2012) 34 Sydney Law Review 269.

• Sara Golru, 'Deciphering the Toxic Tort Causation Problem: The Emerging Role of Genetic Susceptibility' (2023) 29 Tort Law Review 23. here.

• Rohan Price, 'The need for a regulatory response to diagnosis fraud in mesothelioma cases' (2011) 19 Journal of Law and Medicine 196. here.

• R J Burbidge QC, 'Junk Science: Medicine and Law' (2001) 75 Australian Law Journal 761. here.

• Per Laleng, 'Causal responsibility for uncertainty and risk in toxic torts' (2010) 18 Tort Law Review 102. here.

• James Edelman, 'Unnecessary causation' (2015) 89 Australian Law Journal 20. here.

• Amanda Stickley, 'Long Term Exposure to Asbestos Satisfies Test for Causation' (2012) 32 Qld Lawyer 22. here.

• John Gunson, 'Turbulent Causal Waters: The High Court, Causation and Medical Negligence' (2001) 9 Tort Law Review 53. here.

• Amanda Stickley, 'Scope of Duty Owed by a Vendor' (2006) 26 Qld Lawyer 251. here.

• 'Inquiry into occupational respirable dust issues' (Report No. 4, Queensland 55th Parliament Coal Workers’ Pneumoconiosis Select Committee, September 2017) <https://cabinet.qld.gov.au/documents/2018/Feb/RespCWP4/Attachments/Report.PDF>. 

• National Dust Disease Taskforce, 'Final Report to Minister for Health and Aged Care' (Australian Government, June 2021) <https://www.health.gov.au/sites/default/files/documents/2022/07/national-dust-disease-taskforce-final-report.pdf>.

• Peter Handford, 'Damages and Limitation Issues in Asbestos Cases' (1991) 21 University of Western Australia Law Review 63 <https://www5.austlii.edu.au/au/journals/UWALawRw/1991/3.pdf>.

• Martin Rogalski, 'Causation in long tail dust disease claims' (2020) 157 Precedent 16 <https://classic.austlii.edu.au/au/journals/PrecedentAULA/2020/16.html#fnB8>. 

• State of Queensland v Seltsam Pty Limited [2019] QCA 248.

WA Regulations: Health (Asbestos) Regulations 2002 (WA)

Section 10A, Civil Liability Act 2002 (WA): 

• See also, Natasha Burn and Benjamin Wong, 'General Damages in Mesothelioma Claims - Torok v Allianz Australia Insurance Ltd and Armitage v New South Wales' (2023) 38(6&7) Australian Insurance Law Bulletin 78-80  (LexisNexis, archive). -- caution must be had in ascertaining whether awards in other states are truly comparable to the state of the law in WA. See also: "Section 10A of the Civil Liability Act 2002 (WA) abrogates the principle that the assessment of general damages does not involve a comparison of like cases — as is the position in Victoria,6 New South Wales7 and Queensland8 where awards are made in accordance with “general experience” and “current general ideas of fairness and moderation”.9 In Western Australia, s 10A has been interpreted to the effect that justice requires treating like cases alike.10 Whilst it is sometimes denied that any two cases of personal injury are really alike, conventional assessment necessarily requires a notional tariff as the starting point for the assessment of damages for non-pecuniary loss."

• ZYX v Cable [No 5] [2023] WADC 61, [22]; Allen v Merym Pty Ltd t/as Emco Building [No 3] [2023] WADC 55, [1172]-[1177]. 

• "The amount assessed as damages for non-pecuniary loss must be fair and reasonable having regard to the injuries received and the disabilities caused having regard to current general notions of fairness and moderation: Planet Fisheries Pty Ltd v La Rosa [1968] HCA 62; (1968) 119 CLR 118, 125 (Barwick CJ, Kitto & Menzies JJ); Houlahan v Pitchen [2009] WASCA 104 [107] (Newnes JA with whom Pullin & Miller JJA agreed); Winiarczyk v Tsirigotis [2011] WASCA 97 [71] (judgment of the court). The amount must also be proportionate to the situation of the particular plaintiff: Houlahan v Pitchen [107], Winiarczyk v Tsirigotis [71]. In this case, the award of damages for non‑pecuniary loss is affected by the provisions of s 9 and s 10A of the CLA. Pursuant to s 9(1) of the CLA, no damages for non‑pecuniary loss are to be awarded if those damages are assessed to be less than Amount A or less, which is presently set at $23,000.  Where damages fall between Amount A and Amount C (presently $66,500), the damages for non‑pecuniary loss are not to be awarded in an amount that is more than the excess of the amount assessed over Amount A: s 9(2).": Gladstone v PTA of WA [2022] WADC 6, [95]-[97]. 

• "General damages are ordinarily awarded to compensate for pain and suffering and other non‑pecuniary loss. The amount of damages must be fair and reasonable compensation for the injuries received by the plaintiff and the disabilities caused, having regard to current general ideas of fairness and moderation. The amount must be proportionate to the injuries received and the disabilities suffered by the plaintiff. Damages for non-pecuniary loss in this case are limited by the provisions of CLA s 9, s 10 and s 10A. 'Non‑pecuniary loss' is defined to mean pain and suffering, loss of amenities of life, loss of enjoyment of life, curtailment of expectation of life and bodily or mental harm": Veitch v Connor [2023] WADC 38, [229]-[231]. 

Workers Compensation and Injury Management Act 1981 (WA): 

• s 93K election - not precluded from damages against previous employer: Ligutan v Insurance Australia Ltd [2023] WADC 155.

• Recovery for injury already subject to previously settlement agreement (eg, worsening of the injury) - query whether condition was an “aspect of and incorporated part of the [compensated] injury”, or completely new injury: Parker v Ford [2000] SAWCT 163. -- see [A16.1] Wong on Civil Liability.

Silicosis, see [A20] Wong on Civil Liability.

Pension Plaintiff would otherwise have received in the lost years. Effect on GDs: Dib v Amaca Pty Ltd [2017] NSWDDT 6; Londos v Amaca Pty Limited [2017] NSWDDT 7.  David Greenhalgh, 'Asbestos case note - Inability to claim the pension' (Bartier Perry, 24 August 2017) <https://www.bartier.com.au/insights/articles/asbestos-case-note-inability-to-claim-the-pension>, archived at <https://archive.is/vgXc3>: "Judge Russell reviewed the Australian authorities, including various High Court judgments, and noted that the focus of those judgments was to award damages for interference with earning capacity, not interference with the ability to receive income from other sources, like the pension. The judge noted that the pension is received without reference to the ability of a person to earn income, or without reference to whether there has been any interference with the ability to earn income. Therefore, Judge Russell rejected the plaintiffs’ claim for this head of damage."

Action against Insurer, see Actions against Insurer, Wong of Insurance Contracts. 

Action against deregistered company, s 601AH Corporations Act 2001 (Cth): See eg, Exfrig Pty Ltf (deregistered), Re [2021] NSWSC 84; See also, Franklin v Coal Mines Insurance Ltd & Ors [2024] NSWDDT 11 - Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW).

Mesothelioma Awards: 

1998

Mosley v Broken Hill Pty Co Ltd [1998] ALMD 2636; 23/1/98 (SASC, Lander J). Asbestos related illness - Pleural illness - Thoracotomy - Depression - Alcoholism - Visceral pain - Male boilermaker/welder aged 45 at trial - Award of $253,000 damages (including $65,000 for pain and suffering, $85,000 for loss of future earning capacity and $100,000 for future medical treatment).

CSR Ltd v Young [1998] ALMD 3444; 25/2/98 (NSWCA). Mesothelioma - Malignant tumour in lungs - Caused by exposure to asbestos in childhood - Female public servant aged 37 - Award of $823,594 (including $150,000 general damages and $473,000 for future economic loss) - Replaced by award of $613,095 (including $120,000 for general damages and $331,100 for future economic loss).

James Hardie & Co Pty Ltd v Tomlinson [1998] ALMD 4004; 5/5/98 (NSWCA). Asbestos related illness - Mesothelioma of lungs - Terminal condition - Male retiree aged 70 (71 at trial) - Award of $142,000 (including $115,000 general damages) - Replaced by award of $128,429 on appeal.

2001

Easther v Amaca Pty Ltd (formerly James Hardie & Coy Pty Ltd) [2001] WASC 328, a 67-year-old plaintiff with mesothelioma was awarded general damages of $130,000.00.

2003

Misiani v Welshpool Engineering Pty Ltd (in liq) [2003] WASC 263, a 54-year-old with mesothelioma was awarded general damages of $150,000.

2004

Hart v Amaca Pty Ltd [2004] NSWDDT 10, a 62 year old (60 at diagnosis) plaintiff with mesothelioma was awarded general damages of $200,000.

Kernebone v Orica Australia Pty Ltd [2004] NSWDDT 9. “Mesothelioma” and “multiple myeloma” - Damage to lungs - Male, 64 years of age - Total award $301,200 (including $18,000 general damages, $10,000 for loss of expectation of life, $110,000 for special damages and $1,200 in interest).

2005

Ewins v BHP Billiton Ltd [2005] SASC 95. Malignant epithelial mesothelioma of the right pleural space - Male, 71 years of age when his condition was diagnosed, now almost 72 years of age - Carpenter and joiner - Award of $197,287 damages (including $100,000 for pain suffering and loss of amenities, $10,000 for loss of expectation of life, $44,000 for gratuitous provided services and other matters and $41,888 for past and future medical expenses).

Worbs v Bluescope Steel (AIS) Pty Ltd (2005) 2 DDCR 664; 03/06/2005 (NSW Dust Diseases Tribunal). Death from mesothelioma - Female, 70 years of age at time of accident - Award of $242,688 damages (including $160,000 for general damages, $18,400 for interest on general damages, $15,000 for loss of expectation of life, $11,360 for out-of-pocket expenses, $2,822 for funeral expenses, $30,727 for (1977) 139 CLR 161 damages, and $4,378 for interest on (1977) 139 CLR 161 damages).

2006

Hannell v Amaca Pty Ltd [2006] WASC 310 in which a 64 year old plaintiff was awarded $180,000 for general damages in a decision from 22 December 2006. [Westlaw, Comparable Verdicts in Personal Injury Claims: Malignant mesothelioma from exposure to asbestos - Two surgical procedures including pleuropneumonectomy - Two cycles of chemotherapy - Male, aged 63 years, horticulturalist - Total award of $537,032 (including $180,000 for general damages, $15,000 for loss of expectation of life, $13,098 for past loss of earnings, $121,615 for loss of future earning capacity, $15,361 for loss of superannuation, $115,481 for past and future care/services, $40,068 for past medical and out-of-pocket expenses and $35,000 for future out-of-pocket expenses).]

Ellis, Executor of the Estate of Paul Steven Cotton (Dec) v The State of South Australia [2006] WASC 270, a 43-year-old with lung cancer diagnosed with mesothelioma was awarded general damages of $150,000.

Crane v Commonwealth [2006] NSWDDT 1; 16/2/2006 (NSW Dust Diseases Tribunal). Depression and anxiety state resulting from exposure to asbestos dust and fibre during naval service - Male, advertising salesperson, aged 15–22 years during period of exposure, aged 55 years at date of award - Total award $1,017,681.24 (including $100,000 for general damages, $6,000 for interest on general damages, $10,000 for loss of expectation of life, $422.80 for Health Insurance Commission repayment, $846.25 for reimbursement to Department of Veterans' Affairs, $4,225 for Military Compensation and Rehabilitation reimbursement, $41,483.44 for Fox v Wood (1981) 148 CLR 438 component, $341,942.50 for past economic loss, $49,000 for interest on past economic loss, $443,759.25 for loss of earning capacity and $20,000 for Griffiths v Kerkemeyer (1977) 139 CLR 161 expenses).

2007

Kenneth Wallace v Amaca Pty Limited [2007] NSWDDT 4, a 76-year-old plaintiff with mesothelioma was awarded $170,000 in general damages.

Gifford v Cockatoo Dockyard Pty Limited [2007] NSWDDT 22, a 62 year old man dying of mesothelioma was awarded $250,000 for general damages. (aff'd on appeal, Cockatoo Dockyard Pty Limited v George Hartwell Gifford [2008] NSWCA 162).

2008

Lo Presti v Ford Motor Co of Australia Ltd (No 2) [2008] WASC 12.  Personal injury arising from exposure to asbestos - Disabled from leading normal life, breathless, requires oxygen 24 hours a day, diagnosed with asbestosis - Male, 58 years old, mechanic at two Ford dealerships between 1970–1987 - Award of $840,000 damages.

2009

Kirkpatrick v Babcock Australia Pty Ltd [2009] NSWDDT 4, the plaintiff was 61 years old at the time of judgment, having an illness of approximately 2 1/2 years during which his prognosis was unclear; treatment included a thoracotomy, pleurectomy, chemotherapy and radiotherapy; general damages, $250,000.

Mooney v Amaca Pty Ltd [2009] NSWDDT 23, the plaintiff was 59 years old at the time of judgment, having endured symptoms for 4 1/2 years; treatment included chemotherapy; general damages, $290,000.

Roberts v Amaca Pty Ltd [2009] NSWDDT 28, the plaintiff was 64 years of age at the time of judgment, having endured symptoms for 4 to 5 1/2 years; treatment included chemotherapy; general damages, $275,000.

2010

Booth v Amaca Pty Ltd [2010] NSWDDT 8 in which a 73 year old plaintiff with mesothelioma was awarded $250,000 for general damages.

Phillips v Amaca Pty Ltd [2010] NSWDDT 11 in which a 60 year old plaintiff with mesothelioma was awarded $250,000 for general damages.

Parkinson v Lend Lease Securities and Investments Pty Ltd [2010] ACTSC 49 - the plaintiff was 72 years of age at the time of judgment and had endured symptoms for approximately six years; surgical intervention and radiation and chemotherapy; general damages, $300,000. [Westlaw, Comparable Verdicts in Personal Injury Claims: Mesothelioma - Life expectancy two years - Retired electrician, aged 72 years - Total award $521,000 (including $300,000 general damages and $148,000 future voluntary care)].

2011

Amaca Pty Ltd v King (2011) 35 VR 280 (VCA), in which a plaintiff was awarded $730,000 for general damages.

Lowes v Amaca Pty Ltd [2011] WASC 287 in which a 43 year old plaintiff was awarded $250,000 for general damages in relation to a peritoneal mesothelioma for which he underwent radical surgery and suffered substantial complications. [Westlaw, Comparable Verdicts in Personal Injury Claims: Malignant peritoneal mesothelioma - Male, miner, exposed 1972–1974, age at diagnosis 40 - Total award $2,068,396.93 (including $250,000.00 general damages; $15,000 loss of expectation of life, $141,245 past economic loss, $10,592 interest on past economic loss, $13,263 past superannuation contributions, $7,084.30 past medical and other expenses, $20,480 past care, $54.83 interest on past expenses, $1,306,133 loss of future earning capacity, $150,241 lost future superannuation contributions, $82,500 future medical expenses, $8,066.80 future other expenses, $63,737 future care)].

McGilvray v Amaca Pty Ltd (formerly James Hardie & Coy Pty Ltd) [2011] WASC 345, a 54-year-old plaintiff with mesothelioma was awarded general damages of $160,000.

2013

BHP Billiton Ltd v Hamilton (2013) 117 SASR 329 (Blue and Stanley JJ, Kourakis CJ agreeing) where an award of non-economic loss was raised to $190,000. See also [320-[326] for summary of contemporary cases discussed. 

• This case noted at [327]: "There do not appear to have been any recently reported awards of damages for mesothelioma in Queensland, Tasmania or the Northern Territory." -- see Davis below for discussion of GDs where the lex causae was Queensland law.

2014

Dunning v BHP Billiton Limited [2014] NSWDDT 3, a 50 year old man diagnosed with mesothelioma was awarded $500,000.00 in general damages.

2016

Andrew Georgiou as Executor of the Estate of the Late Christakis Georgiou v Magnus Goldring Pty Ltd [2016] NSWDDT 4, in respect of a 85-year-old deceased (83 at diagnosis) with mesothelioma, $315,000 in general damages was awarded.

Pfeiffer v AMACA P/L (under new administered winding up) [2016] SADC 101. Mesothelioma - Aged 71 - Exposure to asbestos in the 1970s while building his own home - And later when working as a boilermaker - Claim against multiple defendants (including James Hardie and World Services and Construction) - Agreed Damages at $630,000 - Award - Judgment entered in favour of the plaintiff.

2017

Dib v Amaca Pty Ltd [2017] NSWDDT 6 in which a 77 year old plaintiff with mesothelioma was awarded $350,000 for general damages.

Landos v Amaca Pty Ltd [2017] NSWDDT 7 in which a 79 year old plaintiff with mesothelioma was awarded $350,000 for general damages.

Talifero v Amaca Pty Ltd [2017] NSWDDT 14 in which an 86 year old plaintiff with mesothelioma was awarded $360,000 for general damages.

Latz v AMACA Pty Ltd (Formerly James Hardie & Co Pty Ltd) [2017] SADC 56, a plaintiff 70-years-old at diagnosis (mesothelioma) was awarded $230,000 in general damages.

Martin v Amaca Pty Limited [2017] NSWDDT 8, in respect of a 61-year-old deceased with mesothelioma, $350,000 in general damages was awarded. 

Zanetic v Amaca Pty Limited [2017] NSWDDT 5, a 78 year-old plaintiff was awarded $350,000 in general damages. 

OLIVER v ACN 007 870 484 P/L 7 ORS (No 3) [2017] SADC 52, a 88-year-old plaintiff with mesothelioma was awarded $200,000 in general damages. 

2018

Lavis v Amaca Pty Ltd [2018] NSWDDT 6 in which a 76 year old plaintiff with mesothelioma was awarded $370,000 for general damages.

Webber v Comcare [2018] NSWDDT 10 in which an 86 year old plaintiff with peritoneal mesothelioma was awarded $350,000 for general damages applying the law in New South Wales, but $450,000 for general damages applying the law of the Northern Territory, taking into account the plaintiff’s loss of capacity to provide care to his wife with dementia. The additional $100,000 of the award for general damages reflected the component to be awarded for the plaintiff’s loss of capacity to provide care for his wife in accordance with CSR Ltd v Eddy.

Roberts v Comcare [2018] NSWDDT 5, in respect of a 87-year-old plaintiff, general damages was agreed at $330,000. 

Single v Workers Compensation Nominal Insurer [2018] NSWDDT 9 - deduction for double compensation. 

2019

Phillips v Amaca Pty Ltd [2019] NSWDDT 8 in which an 82 year old plaintiff with mesothelioma was awarded $350,000 for general damages.

Piatti v ACN 000246542 & Anor [2019] NSWDDT 7 in which an 80 year old plaintiff with mesothelioma was awarded $370,000 for general damages.

Werfel v Amaca Pty Ltd [2019] SAET 159 in which the South Australian Employment Tribunal awarded $400,000 to a 42 year old plaintiff with mesothelioma of the tunica vaginalitis testis. (reduced on appeal in 2020).

RONALD WILLIAM PHILLIPS v AMACA PTY LIMITED (formerly James Hardie & Coy Pty Ltd) [2019] NSWDDT 5, a 82-year-old plaintiff was awarded $350,000 in general damages.

Seltsam Pty Ltd v Amaca Pty Ltd [2019] VSC 312. Asbestos dust disease - Plaintiff had died - One tortfeasor seeking contribution from the other - Whether liability of tortfeasor to contribute limited by an enactment - Claim settled for $380,000 inclusive of costs - Seltsam sought indemnity from Amaca - Victim of tort had claim against Amaca for duration of lifetime - Based on policy considerations and on proper construction of Wrongs Act ss 23B and 24 and Administration and Probate Act s 29 nothing deprived Seltsam from entitlement to seek contribution.

2020

Williams v Amaca [2020] NSWDDT 2, in which a 72 year old with mesothelioma was awarded $385,000 for general damages.

Parkin v Amaca [2020] WASC 306, in which a 63 year old with mesothelioma was awarded $360,000 for general damages.

Kennedy v CIMIC and CPB [2020] NSWDDT 7, in which a 82 year old with mesothelioma was awarded $350,000 for general damages. 

Boland v Amaca [2020] NSWDDT 4, in which a 84 year old with ARPD and asbestosis was awarded $350,000 for general damages.

Amaca Pty Ltd v Werfel [2020] SASCFC 125, reduced the 42 year old (40 at diagnosis) plaintiff’s general damages award of $400,000.00 to $280,000.00 on appeal. 

In the matter of Austral Bronze Pty Limited;; In the matter of John Darlington Pty Limited;; In the matter of John Darlington Pty Limited (No 2) [2020] NSWSC 1633, [2]: "The parties agreed that claims for general damages typically constitute around 60% to 70% of the value of a claim in the Tribunal, with general damages in mesothelioma cases usually in the order of $350,000 to $400,000".

2021

Reid v Seltsam Pty Ltd [2021] VSC 653, a 69 year old woman diagnosed with pleural mesothelioma was awarded $580,000.00 in general damages (aff'd on appeal, Seltsam v Reid [2021] VSCA 326).

2022

Headon v Amaca Pty Limited [2022] NSWDDT 5, a 82 year old (80 at diagnosis) plaintiff diagnosed with ARPD and asbestos was awarded $350,000 in general damages (total judgment $1,100,159.38).

Hudson v Amaca Pty Ltd [2022] NSWDDT 6, a 73 year old (73 at diagnosis) plaintiff diagnosed with malignant mesothelioma was awarded $360,000 in general damages.

2023

Torok v Allianz Australia [2023] NSWDDT 2, in which a 83 year old (81 at diagnosis) with mesothelioma was awarded $420,000 for general damages.

Armitage v New South Wales [2023] NSWDDT 3, in which an award of $450,000 was made in respect of a 76 year old with mesothelioma. 

• See also, Natasha Burn and Benjamin Wong, 'General Damages in Mesothelioma Claims - Torok v Allianz Australia Insurance Ltd and Armitage v New South Wales' (2023) 38(6&7) Australian Insurance Law Bulletin 78-80  (LexisNexis, archive): "At the highest, Torok and Armitage statistically represent a 20% increase in the “market value” of pain and suffering and loss of enjoyment and amenities of life throughout Australia since Parkin. While no judicial decision would be expressed in these terms, Torok and Armitage may provide the basis for a notional tariff as the starting point for the ascertainment of the damages for non-pecuniary loss in Western Australia, or factual basis for the proposition that awards in Western Australia are out of step with those in New South Wales (or any other Australian jurisdiction)". 

2024

Bradley v Amaca Pty Ltd [2024] NSWDDT 1, [42], in which a 79 year old man (78 at diagnosis) with mesothelioma (symptoms for approximately 17 months, which have increased over time) was awarded general damages of $500,000. 

• See also, Hannah Neale, 'Asbestos cancer diagnosis 'did sit me on my backside'' (Canberra Times, 17 February 2024) <https://www.canberratimes.com.au/story/8523962/john-bradley-wins-tribunal-case-against-asbestos-company-amaca/>, archived at <https://archive.is/WwDiI>.  

Davis v Amaca Pty Ltd [2024] NSWDDT 2, [146]-[147], in which a 82 year old man (81 at diagnosis) with mesothelioma (symptoms for approximately 15 months) was awarded $475,000 in general damages under the laws of South Australia and Queensland (issue about lex causae - and applicable law - resolved by concession by Amaca) (use of ECOG scale for assessment of future gratuitous assistance). 

• • Bradley and Davis represent, on average, a $50,000 increase in GD awards from similar awards in 2023 - a 11-12% increase! (interesting to note these two awards were made in the first 8 weeks of 2024)

Keogh v CPB Contractors Pty Ltd & Ors (No 2) [2024] NSWDDT 9, [507], in which a 52 year old man with Coal workers pneumoconiosis (CWP), Silicosis, Mixed dust pneumoconiosis, Chronic obstructive pulmonary disease (COPD), Emphysema, Adjustment disorder with mixed anxiety and depressive mood, moderate/major depressive disorder, was awarded $750,000 in general damages. At [509]-[510], "full value" assessment of damages, in excess of $3.2 million. 

• See, Liana Boss and Brooke Chandler, 'Former miner with 'black lung' disease Craig Keogh awarded record $3.2 million in damages' (ABC News, 25 July 2024) <https://www.abc.net.au/news/2024-07-25/black-lung-disease-craig-keogh-former-coal-miner-compensation/104141104>, archived at <https://archive.is/umLZZ>.  

• See also, 'Landmark Australian Dust Diseases Tribunal decision - coal miner dust lung disease (CMDLD) and black lung' (Shine Lawyers, 25 July 2024) <https://www.shine.com.au/resources/case-studies/craig-keogh-mixed-dust-pneumoconiosis>.

• See also, Cassandra Wills, 'Queensland dust decisions signal rising damages' (Webpage, 31 July 2024) <https://www.wottonkearney.com.au/queensland-dust-decisions-signal-rising-damages/> archived at <https://archive.is/gw3QI>. 

Martin v. Amaca Pty Ltd (referred to in some texts as Supreme Court of Queensland Claim 14524/23) Unreported: "This landmark Queensland Supreme Court decision resulted in an award of damages of $1.21 million with $800,000 awarded for general damages to the plaintiff, Mr Martin, who had been suffering from mesothelioma for approximately 13 years. The jury accepted the top of the range general damages figure of $800,000 put forward by the plaintiff’s senior counsel. No comparative verdicts nor any reference to the Civil Liability Act schedules (which set out the ISV range of general damages) were provided to the jury for their consideration. The award overtakes the decision of Amaca Pty Limited v King [2011] VSCA 447, a Victorian decision where $730,000 was awarded for general damages more than 13 years ago.": Cassandra Wills, 'Queensland dust decisions signal rising damages' (Webpage, 31 July 2024) <https://www.wottonkearney.com.au/queensland-dust-decisions-signal-rising-damages/> archived at <https://archive.is/gw3QI>. 

• See also, Tanya Segelov, 'New Benchmark in Mesothelioma Compensation' (Webpage, 26 July 2024) <https://www.segelovtaylor.com.au/new-benchmark-in-mesothelioma-compensation/>, archived at <https://archive.md/I771q>.  

Greenall v Amaca Pty Ltd [2024] QCA 132.

Greenall v Amaca Pty Ltd [No 2] [2024] QCA 169.

Silicosis: issues of causation and limitation, etc:

• SafeWork NSW v Prime Marble & Granite Pty Ltd [2024] NSWDC 17.

• Bennett v Workers Compensation Nominal Insurer and Ors [2023] NSWDDT 8.

• Ponggos v Caesarstone Ltd [2023] WASC 427.

• Return to Work Corporation of South Australia v Rantanen [2022] SAET 41 (Dolphin J, Cole J, Claxton J).

• Ligutan v Insurance Australia Ltd [2023] WADC 155. 

• SafeWork NSW v Edstein Creative Pty Ltd (No. 3) [2023] NSWDC 335.

• Willis Brothers Installations (Qld) Pty Ltd v Ruttley [2023] FCA 1147.

• SafeWork NSW v N Moit & Sons (NSW) Pty Ltd [2023] NSWDC 205.

• SafeWork NSW v Edstein Creative Pty Ltd (No. 2) [2023] NSWDC 180

• Feetam v Linfoot and Ors [2023] NSWDDT 1.

• Ervine v Mt Arthur Coal Pty Limited [2022] NSWDC 732.

• Ruttley v Willis Brothers Installation (Qld) Pty Ltd [2022] FedCFamC2G 430.

• Millership v State of Victoria [2022] VCC 309.

• Badenoch v Granite Transformations Pty Ltd [2022] NSWDDT 1.

• Coleman v Caesarstone Australia Pty Ltd & Ors [2021] QSC 125.

• Bartosek v Workers' Compensation Regulator [2022] QIRC 192.

• WorkCover Queensland v Wallaby Grip Limited & Anor [2021] QCA 11.

Pneumoconioses: Notable cases 2024-: 

• Amaca Pty Ltd (formerly James Hardie & Coy Pty Ltd) v Trena Robin Johnson (as Legal Personal Representative of the Estate of the Late Ross Johnson) [2024] NSWSC 691 -- lex loci; 

• Estate of Terence James Roberts v Midalco Pty Limited [2024] VSC 240 -- lex loci.

• Prime Marble & Granite Pty Ltd v Safework NSW [2024] NSWCCA 105 -- silicosis.

• Aviga v Boral Resources (Country) Pty Ltd [2024] NSWDDT 5 -- silicosis.

• SafeWork NSW v Edstein Creative Pty Ltd [2024] NSWDC 178 -- silicosis.

• SafeWork NSW v Prime Marble & Granite Pty Ltd [2024] NSWDC 17 -- silicosis.

• Greenall v Amaca Pty Ltd [2024] QCA 132 -- mesothelioma.

[6 March 2024 archive of page]: <https://perma.cc/N5NG-WCTR>. 

© Jing Zhi Wong, 2023-2024