Full Court Minute Books

Case A7/2018

Amaca Pty Limited v. Latz
Latz v. Amaca Pty Limited

Case Nos.

A8/2018 and A7/2018

Case Information

Lower Court Judgment

30/10/2017 Supreme Court of South Australia (Full Court) (Blue J, Stanley J, Hinton J)

[2017] SASCFC 145

Catchwords

Torts – Personal injury – Damages – Future economic loss – Where primary judge concluded plaintiff’s mesothelioma caused by asbestos emanating from products manufactured by defendant – Where primary judge awarded damages for loss of expectation of receiving age pension and superannuation pension during “lost years” – Where majority of Full Court held primary judge correctly awarded damages for future economic loss but reduced allowance for superannuation pension – Whether majority of Full Court erred in failing to find primary judge erred in awarding damages for future economic loss during “lost years” – Whether Full Court erred in including allowance for loss of expectation of receiving age pension and superannuation pension – Whether Full Court erred in deducting benefit payable to partner upon death from allowance for loss of expectation of receiving superannuation pension.

Short particulars

Documents

16/02/2018 Hearing (SLA, Canberra)

20/02/2018 Notice of appeal

16/03/2018 Written submissions (Amaca Pty Ltd)

16/03/2018 Chronology (Amaca Pty Ltd)

28/03/2018 Written submissions (Mr Latz)

06/04/2018 Reply

17/04/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

17/04/2018 Outline of oral argument (Amaca Pty Ltd)

17/04/2018 Outline of oral argument (Mr Latz)

11/05/2018 Hearing (Full Court) - orders pronounced

13/06/2018 Judgment (Judgment summary)