Valuing gratuitous care services in asbestos-related disease cases

The Court of Appeal in Amaca Pty Ltd v Hicks [2011] NSWCA 295 (16 September 2011), has delivered an important judgment on the valuation of gratuitous domestic assistance for asbestosis sufferers under s 15A of the Civil Liability Act 2002 (NSW) (CLA).

Background

Mr Hicks suffers from asbestosis for which Amaca Pty Ltd (Amaca) admitted liability. The proceedings were heard before Kearns J in the NSW Dust Diseases Tribunal (The Tribunal) to determine the issue of damages, including those pursuant to s 15a(2) of the DA, which provides for the maximum amount of damages that may be awarded for gratuitous domestic assistance. On 30 November 2010, his Honour gave judgment for $354,423.19 in favour of Mr Hicks. On 17 December 2010, his Honour further ordered Amaca to pay Mr Hick's costs.