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.