CSR Ltd v Eddy

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, GUMMOW, CALLINAN AND HEYDON JJCSR LIMITED & ANOR  APPELLANTSANDJARRADD EDDY AS ADMINISTRATOR AD LITEM REPRESENTING THE ESTATE OF THE LATE JOHN THOMPSON  RESPONDENTCSR Limited v Eddy [2005] HCA 6421 October 2005S523/2004 & S524/2004ORDER1.        Appeal allowed in Matter No S523 of 2004.2.        Appeal dismissed in Matter No S524 of 2004.3.Set aside order (1) of the Court of Appeal of the Supreme Court of New South Wales dated 26 November 2003 and, in its place, order that:(a)      the appeal to that Court is allowed; and(b)the judgment of the Dust Diseases Tribunal of New South Wales dated 4 April 2003 be reduced to $300,419.49.4.        Appellants to pay the costs of the respondent in this Court.On appeal from the Supreme Court of New South WalesRepresentation:D F Jackson QC with T G R Parker for the appellants in both matters (instructed by Makinson & d'Apice Lawyers)M J Joseph SC with F L Austin and S P W Glascott for the respondent in both matters (instructed by Alex Stuart & Associates)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSCSR Limited v Eddy Negligence – Damages – Asbestos-related disease – Compensation for plaintiff's inability to provide domestic assistance to wife – Whether damages are recoverable where a personal injury prevents a plaintiff from providing gratuitous personal or domestic services for another person ("Sullivan v Gordon damages") – Whether Sullivan v Gordon damages are analogous to Griffiths v Kerkemeyer damages...