Document gaBd50znn2Vx2ML71dz23drO9

FILE NAME: Colonial Sugar Refinery (CSR) DATE: 0000 DOC#: CSR185 DOCUMENT DESCRIPTION: Legal - Plaintiff's Response to Defendants Request for Further Particulars in Simpson vs. Midelco IN THE SUPREME COURT OF WESTERN AUSTRALIA BETWEEN: ' No. 1814 of 1985 WALTER SIMPSON Plaintiff -andMIDALCO PTY. LTD. Defendant PLAINTIFF'S RESPONSE TO DEFENDANTS REQUEST FOR FURTHER PARTICULARS OF THE FURTHER AND BETTER PARTICULARS OF THE STATEMENT OF CLAIM The Plaintiff hereby supplies the following Further Particulars of the Further and Better Particulars of the statement of Claim pursuant to the Order of Master Seaman, Q.C. made the 15th day of December, 1986. Ql. As to Answer 4(iv), give particulars of the advice or directions referred to therein including: (a) whether the advice or directions were written, oral or partly written and partly oral; (b) if the advice or directions were written or partly written, identify the document containing the writing or written component; (c) if oral, state the substance of the advice or directions, stating when, where and by whom on behalf of the Mines Department of Western Australia the advice or direction ' was given to whom on behalf of the Defendant. Al (a) Advice and directions were given in writing, orally and were to be inferred. (b) Insofar as the same were given in writing they are to be 2 found in communications discovered both by the Plaintiff and the Defendant in this action and passing between the Mines Department and/or the Health Department and the Defendant or passing between the Mines Department and the Health Department or within the Mines Department or the Health Department and recording advice or directions given to the Defendant; the author in each case being officers of the relevant department as named and the addressee being the person named therein and the dates of such communications being the dates respectively thereon. The said documents include-: A. NO. Description Date 01 Letter State Mining Engineer to C.T. Oliver AWU 10.05.48 02 Weekly report of Workmens inspector of Mines for week ending 17.09.49 and entries dated 18 ,19.09.49 03 Memo District inspector of Mines (Boyland) to State Mining Engineer 14.02.50 04 Report to Inspector Boyland by Hunter 22.02.50 05 Letter State Mining Engineer to Under Secretary for Mines 01.05.50 06 Extract from letter on file 19/50 - Letter from State Mining Engineer to District inspector of Mines, Cue. 09.05.50 07 Report District Inspector of Mines J. Boyland to State Mining Engineer 19.06.50 08 Report State Mining Engineer to / Under Secretary for Mines 09 Report Assistant Ventilation Inspector of Mines to State Mining Engineer 14.07.50 21.08.51 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Report District Inspector of Mines Boyland dated - inspection Also letter Boyland to State Mining Engineer 25.06.52 14.05.52 17.09.52 Report District Inspector of Mines (Ibbotson) to State Mining Engineer Extracts from Annual Ventilation Report 02.08.54 1955 Report J. Boyland Senior Inspector of Mines to State Mining Engineer 28.06.56 Report Assistant Inspector of Mines simmons fo District Inspector Faichney (Kalgoorlie) 06.12.56 Report District Inspector of Mines J.M. Faichney to State Mining Engineer 23.08.57 Letter District Inspector of Mines J.M. Faichney to The Manager Australian Blue Asbestos 27.08.57 Report District Inspector of Mines J.M. Faichney to State Mining Engineer 10.10.57 Letter Australian Blue Asbestos to J.M. Faichney District Inspector of Mines (Kalgoorlie) 14.02.58 Report District Inspector of Mines Cue -(Ibbotson) to Senior Inspector of Mines (Kalgoorlie) 17.03.58 Mmo to Manager Australian Blue Asbestos from District inspector of Mines (Ibbotson) Cue - Also Report Ibbotson to Senior Inspector of Mines (Kalgoorlie) 26.03.58 03.04.58 Report District Inspector of Mines Cue to Senior Inspector of Mines (Kalgoorlie) 19.04.58 Letter District Inspector of Mines Cue to Manager Australian Blue Asbestos 26.05.58 Memo District inspector of Mines (Kalgoorlie) J.M. Faichney to State Mining Engineer recording visit 24-29,05.58 Report District Inspector of Mines Cue (Ibbotson) to State Mining Engineer 22.10.58 4 25 Notice District inspector of Mines (Ibbotson) and Workmens inspector of Mines (Hunt) to the Manager Australian Blue Asbestos 26 Ventilation Report 1958 27 Letter Australian Blue Asbestos Acting Manager to Director Australian Blue Asbestos Perth 28 Letter Australian Blue Asbestos Acting Manager to Australian Blue Asbestos Director Perth 29 Report Assistant Inspector of Mines (E.F. shenton) to District Inspector Faichney 12.12.58 30 Letter District Inspector of Mines Cue to The Manager Australian Blue Asbestos Perth 03.04.59 31 Letter District Inspector of Mines (Kalgoorlie) to Manager Australian Blue Asbestos Wittenoom 14.09.59 32 Report District Inspector (Kalgoorlie) to state Mining Engineer Perth 33 Letter Australian Blue Asbestos General Superintendent to Australian Blue Asbestos Wittenoom 34 Letter Australian Blue Asbestos General Superintendent to Australian Blue Asbestos Sydney 02.02.60 35 Letter General Secretary Chamber of Mines WA (Inc) (G.H. Jennings) to General Manager Australian Blue Asbestos Wittenoom 16.03.60 36 Report Assistant Inspector of Mines (Kalgoorlie) Simmons to Senior Inspector of Mines (Kalgoorlie) 22.07.60 37 Letter Assistant Inspector of Mines (Kalgoorlie) Simmons to The Manager Australian Blue Asbestos Wittenoom 38 Letter Assistant Inspector of Mines (Kalgoorlie) Simmons to Senior inspector of Mines (Kalgoorlie) 22.08.60 39 Letter signed by Senior inspector of Mines Boyland and Workmens inspector of Mines Hunt to The Manager Australian Blue Asbestos 06.09.60 40 Letter State Mining Engineer to under secretary for Mines 15.09.60 5 41 Letter Senior inspector of Mines (Kalgoorlie) (Boyland) to Manager Australian Blue Asbestos 19.09.60 42 Letter Senior Inspector of Mines to state Mining Engineer 19.09.60 43 Letter Dr. McNulty to Australia Blue Asbestos Wittenoom 13.10.60 44 Letter Dr. McNulty (Chest Physician Kalgoorlie District Hospital) to State Mining Engineer (Mr. Brisbane) 09.11.60 45 Letter Workmens Inspector of Mines (Hunt) to Manager Australian Blue Asbestos 30.11.60 46 Letter Assistant Inspector of Mines Kalgoorlie (Simmons) to Senior Inspector of Mines 09.12.60 47 Letter Senior Inspector of Mines Kalgoorlie to Manager Australian Blue Asbestos 20.12.60 48 Ventilation Report 49 Notes of inspection A.W. Ibbotson 1960 26 ,27.04.61 50 Report District Inspector of Mines (Simmons) to senior Inspector of Mines 10.09.61 51 Letter Dr. McNulty to Dr. Rennie 18.09.61 52 Letter Dr. Letham to Dr. Rennie 20.09.61 53 Letter Dr. Letham to Dr. Rennie 02.10.61 54 Letter Dr. Letham to Australian Blue Asbestos 05.10.61 55 Letter District Inspector of Mines (Simmons) to Manager Australian Blue Asbestos Wittenoom 09.10.61 56 Report State Mining Engineer (Mr. Brisbane) to Under Secretary for Mines 12.10.61 57 Minutes of Conference of Representatives of Department of Mines, Department of Health, and Australian Blue Asbestos sent by the Under Secretary for Mines to the Minister for Mines 13.10.61 58 Report of meeting prepared by Dr. Letham, Physician of Occupational Health 10.10.61 59 Letter Dr. McNulty to Dr. Rennie 25.10.61 6 60 Letter from J.L. Hunt Workmens inspector of Mines and A.W. Ibbotson District Inspector of Mines, Cue to the Manager Australian Blue Asbestos 27.10.61 61 LMeatntaegrer SAeunisotrraliinasnpecBtloure AofsbeMsitnoess to the 06.11.61 62 Letter District inspector of Mines, Cue (A.W. Ibbotson) to the Manager Australian Blue Asbestos Wittenoom 06.12.61 63 ALuetstterralGieannerBallueSAuspbeersitnotsendweintttentooomthe Manager 08.12.61 64 Letter District of Mines Cue (A.W. Ibbotson) to the Manager Australian Blue Asbestos Wittenoom 06.12.61 65 DMeipnuatretsmenotf maenedtiAnusgtrMailniesanDeBplauretmAesnbte,stoHsealth 08.01.62 66 Letter senior inspector of Mines to State 20.07.62 Mining Engineer 67 Letter Senior Inspector of Mines (J. Boyland) to the Manager Australian Blue Asbestos Wittenoom 20.07.62 68 Letter to Manager Australian Blue Asbestos 25.07.62 Wittenoom 69 Letter District inspector of Mines Port Hedland 14.09.62 to State Mining Engineer 70 Letter Dr. McNulty to Dr. Rennie 10.12.62 71 LMeatntaegrerDiAsutsrtircatliainnspBelcuetorAsbofestMoisneswitttoenoom 15.01.63 72 Letter Dr. McNulty to Dr. Rennie 73 Letter Dr. McNulty to Dr. Rennie 06.02.63 08.03.63 74 Letter District inspector of Mines Port Hedland to Manager Australian Blue Asbestos Wittenoom 12.07.63 75 Letter to M.G. King 18.09.63 76 Letter District inspector of Mines (A.W. ibbotson) to the Manager Australian Blue Asbestos 04.12.63 7 77 Letter Australian Blue Asbestos to CSR Ltd. 20.12.63 78 Letter District inspector of Mines to Senior inspector of Mines 02.01.64 79 Letter senior inspector of Mines to District Inspector of Mines 28.01.64 80 Letter District Inspector of Mines to Senior Inspector of Mines 25.02.64 81 Air Flow Survey at Colonial Mine Australian Blue Asbestos Wittenoom 17-19.11.64 B. Entries from the Colonial Mine Record Book on the following occasions. 05.08.55 21.06.57 16.08.57 21.10.57 31.10.57 27.11.57 24.01.58 06.03.58 21.03.58 21.05.58 28.05.58 12.09 58 09.10.58 21.11.58 04.02.59 24.03.59 10.04.59 28.04.59 21.05.59 19.06.59 10.07.59 07.08.59 27.08.59 27.10.59 16.03.60 27.04.60 17.05.60 06.09.60 30.11.60 04.02.61 17.02.61 24.03.61 26.04.61 27.04.61 8 18.05.61 04.08.61 18.08.61 09.08.61 01.09.61 19.09.61 11.09.61 27.10.61 06.12.61 17.01.62 13.02.62 28.02.62 23.03.62 11.05.62 07.06.62 21.06.62 26.06.62 06.07.62 27.07.62 11.08.62 13.09.62 .62 Insofar as the same were given orally, they were given as follows: 1. Where the documents referred to in paragraph (b) refer to conversation, then such conversation took place between the persons named therein and were conducted on or about the dates indicated therein or to be inferred therefrom and were to the effect noted therein or to be inferred therefrom. 2 . on many occasions between 1948 and 1951 the precise dates of which can not now be recalled, Dr. E.G. Saint of the W.A. Health Department informed the management of the Defendant, particularly Mr. Broadhurst, that the mine and mill and the general environment at Wittenoom were a danger to health by reason of the presence of asbestos fibres and dust to excess. 9 3. On many occasions between 1953 and 1966 the precise dates of which can not now be recalled, official Mines Department Inspectors including A.W. Ibbotson and ventilation inspectors employed by the Mines Department whose names the Plaintiff has not presently ascertained, advised and warned the Defendant that the conditions of work at Wittenoom by reason of excess exposure to asbestos fibres was perpetuating a health hazard, and instructed the Defendant to take a large variety of measures to improve dust control. The instructions can not ' seriatim now be recalled but were to the effect of the instructions referred to in the documents comprised in paragraph (b). Q2. As to Answer 4(viii), give particulars of the large quantity of literature dealing with the risks of chest disease among workers in the asbestos industry both in Australia and overseas;, contents of which the Plaintiff alleges the Defendant knew or ought to have known, stating the author, the substance of the literature, the date and place of publication, and where relevant, the journal reference. A 2 . Refer to the document annexed filed and served ; entitled "Plaintiff's Bibliography". herewith 10 Q5. As toAnswer 6(a) and (b)(ii), give particulars of all relevantavailable literature stating the author, the substance of the literature, the date and place of publication and, where relevant, the journal reference. A5. Refer to the answer to request 2. and the document annexed filed and served herewith. Q6. As to Answer 13, give particulars of the loss and damage suffered by the Plaintiff as alleged in paragraph 8 of the Amended Statement of Claim. A6. PAST LOSS OF INCOME If truck driving: 1981-82 1982-83 1983-84 1984-85 1985-86 1986-87 (est) $ 18,000.00 $ 19,000.00 $ 21 ,000.00 $ 21,500.00 $ 2 2 ,200.00 $ 23,200.00 $124,900.00 11 If wildflower picking: 1981-82 1982-83 1983-84 1984-85 1985-86 1986-87 $ 15,000.00 $ 17,325.00 $ 18,900.00 $ 21,000.00 $ 22,500.00 $ 24,000.00 $118,725.00 less about per/annum earned from occasional $ 2,000.00 wildflower picking/sales in the years 1981/1982, 1984/1985. The Plaintiff's economic loss continues at an annual rate of between $23,200.00 to $24,000.00; and the disabilities and thus his economic loss is permanent. TRAVELLING EXPENSES Including travel to doctors, hospitals, and for treatment including physiotherapy (approx. 6,400km at 50cents/km) $3,200.00 MEDICAL EXPENSES The Plaintiff believes that all his hospital, medical and like expenses have been paid for him. Further enquiries are being made to confirm this. 1 Dated the day of 1987 * SOLICITORS FOR THE PLAINTIFF