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CIVIL LIABILITY ACT 2002 - SECT 8B Provisional damages for asbestos-related conditions

CIVIL LIABILITY ACT 2002 - SECT 8B

Provisional damages for asbestos-related conditions

(1)  If it is proved or admitted in an action for damages in respect of a dust-related disease ( the first disease ) of a person that the person may, at some definite or indefinite time in the future, develop another dust-related disease wholly or partly as a result of the act or omission giving rise to the cause of action, the court may –
(a) award, in the first instance, damages ( provisional damages ) for the first disease, assessed on the assumption that the person will not develop another dust-related disease; and
(b) award damages at a future date if the person does develop another dust-related disease.
(2)  In this section –
dust-related disease means –
(a) any of the following diseases:
(i) aluminosis;
(ii) asbestosis;
(iii) asbestos-induced carcinoma;
(iv) asbestos-related pleural diseases;
(v) bagassosis;
(vi) berylliosis;
(vii) byssinosis;
(viii) coal dust pneumoconiosis;
(ix) farmers' lung;
(x) hard metal pneumoconiosis;
(xi) mesothelioma;
(xii) silicosis;
(xiii) silico-tuberculosis;
(xiv) talcosis; or
(b) any other pathological condition of the lung, pleura or peritoneum that is attributable to dust.