The Wittenoom Story
Phil Rowell presented his story on the Asbestos Disease Litigation time line in Australia, of CSR’s involvement in the Wittenoom asbestos mine and mill and of the sad legacy of the asbestos related diseases arising from it. He told the story through the legal cases, some of which he was personally involved.
Crucial Dates;-
1930 Merewether & Price report from Inspector of Factories to UK Parliament confirms link between regular asbestos inhalation and asbestosis.
1955 Doll report confirms the link between asbestos inhalation and lung cancer
1960 Wagner report postulates the link between asbestos inhalation and mesothelioma for the first time.
1979 - Joosten v Midalco. A 52 years old female stenographer employed at office about 100 yards from the mill between 1950-1953. Diagnosed with mesothelioma in 1977. First common law damages claim arising out of Wittenoom. The plaintiff’s claim fails.
1984 - Limitation Act amended to create a three year “moratorium” for asbestos related disease claims already time barred. Claims to be commenced by Jan1987.
January 1987 - Slater & Gordon issued approximately 400 writs against CSR and Midalco.
November 1987 – Heys & Barrow v CSR and Midalco. Second of the mega trials commenced. Trial lasted to July 1988. The outcome:-
On Foreseeability - The risk of contracting asbestosis was known during the period of employment of the plaintiffs. Mesothelioma is an injury of like kind, class and character. Did not have to foresee the particular injury, just an injury of like kind, class and character to that which was known at the time.
Piercing the Corporate Veil - Didn’t need to pierce the corporate veil. Held that, by reason of the degree of control exercised by the parent company over the subsidiary, the parent company owed an identical duty of care. Duty breached. Very significant finding as CSR in its own right was held liable.
Latter Half 1988 - Negotiations commenced with Peter Gordon in approximately 200 Wittenoom employee or dependant claims. Negotiations lasted almost 18 months.
In late 1989 a global settlement of 200 claims for the sum of $19.125M was achieved. It was the largest group settlement of that type in Australia at the time.
