South Australian Consolidated Acts South Australian Consolidated Acts (1) If it is proved or
admitted in a dust disease action that an injured person may, at some time in
the future, develop another dust disease wholly or partly as a result of the
breach of duty giving rise to the cause of action, the Court may—
(a)
award, in the first instance, damages for the dust disease assessed on the
assumption that the injured person will not develop another dust disease; and
(b)
award damages at a future date if the injured person does develop another dust
disease.
(2) The Court should
make an award of exemplary damages in each case against a defendant if it is
satisfied that the defendant—
(a) knew
that the injured person was at risk of exposure to asbestos dust, or carried
on a prescribed industrial or commercial process that resulted in the injured
person's exposure to asbestos dust; and
(b)
knew, at the time of the injured person's exposure to asbestos dust, that
exposure to asbestos dust could result in a dust disease.
(3) Despite any other
Act or law, the Court must, when determining damages in a dust disease action,
compensate, as a separate head of damage, any loss or impairment of the
injured person's capacity to perform domestic services for another person.
Note—
This subsection is intended to restore the effect of Sullivan v Gordon (1999)
47 NSWLR 319.