Negligence – Damages - Asbestos-related disease - Compensation for plaintiff's inability to provide domestic assistance to wife - Whether damages are recoverable where a personal injury prevents a plaintiff from providing gratuitous personal or domestic services for another person ("Sullivan v Gordon damages") - Whether Sullivan v Gordon damages are analogous to Griffiths v Kerkemeyer damages - Whether Sullivan v Gordon should be accepted as part of the common law of Australia - Whether Sullivan v Gordon damages could be recovered for those years in which services may have been provided after the plaintiff's death up until the expected date of death but for the tort.
Costs – Resolution of legal point - Relevance of recurrent litigant - Relevance of plaintiff with no interest in legal position beyond litigation.
Judgment date
Case number
S523/2004
S524/2004
Before
Gleeson CJ, McHugh, Gummow, Callinan, Heydon JJ
Catchwords