Home » Personal Injury Quantum Database (Qld) » Smith v Amaca Pty Ltd & Ors

Smith v Amaca Pty Ltd & Ors

[2026] QSC 240 · Crow J

In plain language

Robin Smith, a retired plumber now aged 79, developed asbestosis after decades of cutting and installing asbestos products without protective equipment. He worked with asbestos roofing sheeting, pipe lagging and asbestos cement water pipes across three Mackay-area employers between 1963 and 2002, often enveloped in clouds of dust. The court accepted expert evidence that this exposure caused his progressive lung disease, which now leaves him severely breathless and will likely cause his death within about five years.

The court found the manufacturer James Hardie (Amaca) and the employers all breached their duties of care by failing to warn him or protect him. The judge awarded Mr Smith just over $1.89 million, including $800,000 for pain, suffering and lost life expectancy, $880,000 for past and future care, and nearly $200,000 for future medical costs. Liability was divided 75% to Amaca, which had long known asbestos was dangerous, and 25% to the employers, though all are jointly responsible for paying the full amount.

The unusually high general damages award reflected the devastating and prolonged suffering Mr Smith faces, including an anticipated painful death. Importantly, because asbestosis is a dust-related disease, the court was not constrained by Queensland's statutory Injury Scale Value (ISV) limits and could assess damages under common law principles. Although most personal injury claimants today face substantially restricted general damages under the Civil Liability Act 2003 (Qld), asbestos sufferers remain exempt and could still receive an award of this magnitude.

Incident & injury

Cumulative occupational exposure to asbestos dust and fibre over three periods of employment (1963-2002) as a plumber, cutting and installing asbestos cement sheeting, pipe lagging and AC water pipes without protective equipment, causing asbestosis.

Body regions
Respiratory
Diagnoses
Asbestosis (diffuse pulmonary fibrosis), Pleural plaques
Incident date
16 May 1963
Location
Mackay, Queensland (Baker's Creek Meatworks, Racecourse Sugar Mill, Mackay Port)

Quick facts

Date of judgment
28 October 2026
Proceeding
Trial
Plaintiff outcome
Successful
Plaintiff age at injury
~15 (inferred)
Occupation
Retired plumber Retired
Liability
Partial
Whole Person Impairment
44%
Total damages
$1,897,279 97th percentile · WCRA Common Law matters (n=30)

Outcome

The court found all three defendants liable for Mr Smith's asbestosis caused by cumulative workplace asbestos exposure between 1963 and 2002, and assessed damages at $1,897,278.85. Liability was apportioned 75% to the manufacturer Amaca, 18.75% to North Queensland Bulk Ports and 6.25% to WorkCover Queensland, with the defendants jointly and severally liable to the plaintiff for the whole of the damages.

Defendants (3)

Joint and several liability. The plaintiff received a single recovery of $1,897,279, not the sum of the amounts shown below. The figures listed against each defendant are the judgment amounts recorded in the order; the defendants are jointly and severally liable, so the plaintiff is paid once.

1 Amaca Pty Ltd (formerly James Hardie & Coy Pty Ltd)

Manufacturer

Apportionment
75%
Judgment against this defendant
$1,897,279
Heads of damage
General damages $800,000
Interest on general damages $0
Past care (Griffiths v Kerkemeyer) $130,000
Interest on past care $14,300
Future care $750,000
Past special damages (plaintiff) $7,466
Interest on past special damages $793
Future special damages $194,720
Subtotal before refunds $1,897,279

2 North Queensland Bulk Ports Corporation Ltd

Employer (statutory successor of Mackay Port employer)

Apportionment
18.75%
Judgment against this defendant
$1,897,279

3 WorkCover Queensland

Statutory insurer of JR Wyllie & Sons and Racecourse Sugar Mill (s 300(2)(b) WCRA)

Apportionment
6.25%
Judgment against this defendant
$1,897,279

Contribution orders

  • North Queensland Bulk Ports Corporation Ltd ordered to contribute - to Amaca Pty Ltd (Law Reform Act 1995 (Qld) s 7 - apportionment 18.75% to second defendant)
  • WorkCover Queensland ordered to contribute - to Amaca Pty Ltd (Law Reform Act 1995 (Qld) s 7 - apportionment 6.25% to third defendant)

Key issues

📑 Cite this case (AGLC4)

Smith v Amaca Pty Ltd & Ors [2026] QSC 240

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About the reviewer

Sean J. Roche
Director and Principal Solicitor, Roche Legal

Sean is the Director of Roche Legal and leads the firm's Springwood office. He holds a Bachelor of Laws from the Queensland University of Technology and a Bachelor of Business Management from the University of Queensland. Sean was admitted to practice in the Supreme Court of Queensland in 2016 and in the High Court of Australia in 2018, and holds an unrestricted principal practising certificate. He is a member of the Queensland Law Society and the Australian Lawyers Alliance.

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