Document Raqmqyd5ZMmEqv24qKrdDnRV7

FILE NAME: Colonial Sugar Refinery (CSR) DATE: 0000 DOC#: CSR212 DOCUMENT DESCRIPTION: Legal Memo Disputing CSR Liability Mesothelioma Case d *2 W.A. Mesothelioma Case It is known that a young woman aged 27 years has developed mesothelioma in Perth and that this condition is being related back to her childhood at Wittenoom where her father was working for A.B.A. Limited. So far CSR has not received any notice of claim but the matter has been drawn to the attention of Mr Leith in Perth by the W.A. Commissioner of Public Health, Dr J C McNulty. It was decided to seek a legal opinion as to the Company's position in this case and in possible future cases. Our Sydney solicitors, Sly and Russell, sought the advice of Messrs Robinson, Cox and Co. who are CSR's solicitors in Perth. To summarise the advice given by both the W.A. solicitors and Sly and Russell: 1. CSR Limited itself has no legal liability at all; 2. Midalco Pty. Ltd. (which was formerly A.B.A. Limited and which is a wholly owned subsidiary of CSR Limitea) has a somewhat different legal position as follows: a. It is possible that the claim would be statute barred, due to the lapse of six yearns from the cause of action. However, the date upon which the cause of action arose would not be easy to determine or identify. It depends on when the disease started to manifest itself and not necessarily on the date of inhalation of the dust or her death. b. Midalco could argue that there is^no b reach of the duty of_care because we did not know at the time that these consequences were likely to result Ifrom the inhalation of dust. This line of defence would be stronger in relation to inhalation of the dust prior to the publication of Dr Wagner's paper in 1960 which clearly established the connection between inhalation of asbestos fibres and mesothelioma. Once this paper was published an applicant has a much better argument that the Company should have known the consequences of inhalation of dust and that therefore the duty of care was clear. Apart from the above legal situation it is possible tnar CSR may wish to make a payment in the event of there being jm forma] i on "an Uex 3gra ^dea th S u c h ' or from would not 9affia*.basis wlthout admission of Could be made The letter ~ccn our.P s ition in any similar1? and this worded and shcocuolmdpanymg such a p a y m Y future claim. 2 drafted by our sol ici t o Y ^ fc be carefully R e c o m m e n d s f ,on .. Lung Canrpr Death , from long cancer o f V S pU y received from Perth of th \ 1959 if W1?" "9a. or*l0/ T t TM P Y? f *>*. u S t ^ " the pleura. afferent to mesothelioma which Is H s l l r o f - " Th" c l a i i 0 u i h!eWS p ^ ^ Insurance O f f l c ^ o ^ r ^ ^ . ,, J - WU1 be ------ - - -q-Li.asur^rs. N E Irving Y 16 Feb 76