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