Smith v Amaca Pty Ltd & Ors
[2026] QSC 240 · Crow J
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
- Claim type
- WCRA Common Law
- 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)
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
Smith v Amaca Pty Ltd & Ors [2026] QSC 240
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