Bryan v Philips New Zealand Ltd - [1995] 1 NZLR 632

Practice and procedure — Striking out proceedings — Negligence — Exposure to asbestos — Statement of claim not alleging any present and resulting medical deterioration of physical well-being — Review of Master's decision — Amended statement of claim alleging actual damage — Whether new cause of action — Whether any present injury — Whether cost of medical opinion and future medical costs recoverable — Whether entitled to compensation for distress caused by knowledge that high chance of developing asbestos-related disease — "Cancerphobia" — "Nervous shock" — Accident Rehabilitation and Compensation Insurance Act 1992, s 17 — High Court Rules, R 187(3).

Tort — Negligence — Exposure to asbestos — Whether any present injury — Pleural plaque — Minimum to be established for asbestos-related disease — Whether cost of medical opinion and future medical costs recoverable — Whether entitled to compensation for distress caused by knowledge that high chance of developing asbestos-related disease — Accident Rehabilitation and Compensation Insurance Act 1992, s 17.