Silver v Amaca Pty Ltd
[2020] QSC 266 · Martin J
Larry Silver sued asbestos-products manufacturer Amaca (formerly James Hardie) for damages, claiming he developed malignant pleural mesothelioma after being exposed to asbestos dust and fibres while renovating part of his home. When he started the case, he chose to have it heard by a jury. Before the trial, the defendant asked the court to run the trial without a jury, arguing that three sets of documents to be put in evidence, including over a thousand pages of historical company records and expert medical reports, would be too lengthy and complex for a jury. The court disagreed. It found that although many documents might be tendered, only short extracts would actually be relied upon, so the trial would not require a prolonged examination of records. The application was dismissed and the defendant was ordered to pay the plaintiff's costs of the application. The trial itself, including any damages, was left to be decided later.
Incident & injury
Exposure to asbestos dust and fibres when the plaintiff renovated part of his home, disturbing asbestos products made by the defendant
- Body regions
- Respiratory
- Diagnoses
- Malignant pleural mesothelioma
Quick facts
- Date of judgment
- 1 September 2020
- Claim type
- PIPA Public Liability
- Proceeding
- Interlocutory
- Plaintiff outcome
- N/A
- Plaintiff age at injury
- Occupation
- Not stated
Outcome
The defendant's application under s 65A(a) of the Jury Act 1995 for the trial to proceed without a jury was dismissed, the court not being satisfied the trial required a prolonged examination of records. The defendant was ordered to pay the plaintiff's costs of the application.
Key issues
Silver v Amaca Pty Ltd [2020] QSC 266
When typing in a Word document, italicise the case name. The copy button copies plain text suitable for any editor.