Torts News
5/20/2008 10:53:05 AM EST
Australian Judge Enters $547,137 Verdict For Estate, Urges Amendments To Law
LexisNexis Law Center Staff
On May 12, the Dust Diseases Tribunal of New South Wales found that Amaca Pty Limited was liable for paying the estate of a woman who contracted mesothelioma a total of $547,137 in damages. The award included damages under Section 15B of the Civil Liability Act 2002. Section 15B damages are for the loss of the capacity to provide gratuitous domestic services. The claimant was the caretaker for her grandchildren. The DDT was left with the task of deciding how much a grandmother’s care was worth. Amaca argued that she was not entitled to any damages under section 15B. The DDT found the claimant was entitled to $193,307 in Section 15B damages.The Judge Also added an addendum to his judgment that included remarks he made at an interlocutory level in Snashall v. Comcare (DDT7376/07), in which he urged regulators to consider making appropriate amendments to the Dust Diseases Tribunal Regulation 2007. Under the Regulation, DDT judges are denied the ability to hear or otherwise deal with asbestos cases until certain conditions are satisfied.
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