Wallace v Caesarstone Australia Pty Ltd
[2025] QSC 219 · Davis J
Gerard Wallace worked as a stonemason fabricating engineered stone bench tops between 2006 and 2018. In 2018 he was diagnosed with silicosis, a terminal lung disease caused by inhaling silica dust. He and his wife sued eleven companies — the stone suppliers and his former employers — for damages, with his wife also claiming for loss of her husband's companionship. This particular decision was not about who was at fault or how much money was owed. It was a procedural dispute: the Wallaces said they were ready for trial and asked the court to set the case down, but the defendants refused to sign off, arguing more medical and expert evidence was needed. The court found the defendants had sat on their hands for 18 months, ignoring an order to nominate doctors to examine Mr Wallace. In our opinion, these are dispicable tactics from the opposing solicitors considering the seriousness of the plainitff's injuries. The judge agreed to push the case forward, placing it on a supervised list while giving the defendants a deadline to file one further expert report. The damages question remains to be decided at a later trial.
Incident & injury
Exposure to silica dust through fabrication of engineered stone during employment as a stonemason between July 2006 and December 2018
- Body regions
- Respiratory, Respiratory/lungs
- Diagnoses
- Silicosis
Quick facts
- Date of judgment
- 5 September 2025
- Claim type
- PIPA Public Liability
- Proceeding
- Interlocutory
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- Occupation
- Stonemason Technician / Trade Worker
Outcome
The plaintiffs successfully applied to dispense with the defendants' signatures on the request for trial date. The court found the plaintiffs were ready for trial and rejected the defendants' resistance, but placed the matter on the Supervised Case List and gave the defendants leave to deliver an occupational hygienist report by 31 October 2025. Costs were reserved for written submissions.
Key issues
Wallace v Caesarstone Australia Pty Ltd [2025] QSC 219
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