Motley Rice Plaintiffs’ Exhibits
Motley Rice is a North American asbestos litigation legal firm which supplied Prof Jock
McCulloch with digitised copies of over 600 items, including archival documents from
government, CSR and other sources pertaining to asbestos and the Wittenoom blue
asbestos mine. Prof McCulloch passed these on to the author of this thesis. These
documents are available on request from Prof McCulloch, with Motley Rice to be
acknowledged as their source.
Exhibit no: 10095: List of ABA Company directors, 27 December 1949.
Exhibit no.10119.00: list of books on mining, asbestos and related topics, drawn up by the
CSR Library, 3 June 1943.
Exhibit no.10131: K.O. Brown’s report to CSR on inspection of Yampire Gorge asbestos
mine, 1 December 1944.
Exhibit 10133: Correspondence from ABA Limited to the Western Australian Employers
Federation, 14 February1957.
Exhibit no. 10140: Malcolm King, 1949, 'Report on Inspection of Cape Blue Asbestos
Limited, Union of South Africa to the Colonial Sugar Refining Company'.
Exhibit no: 10142: Letter from Managing Director CSR to the Secretary ABA Ltd Perth, 10
September 1943.
Exhibit no. 10144: Tariff Board’s Report on Asbestos Fibre, 24 March 1955.
Exhibit no. 10146: C. T. Oliver, secretary AWU’s correspondence to J. Foxall, State Mining
Engineer, 19 April 1948.
Exhibit no. 10147: Extracts from CSR Board Minutes (1943-167 inclusive) concerning the
Wittenoom asbestos venture.
Exhibit no. 10151: Australian Workers’ Union Hearing, 9 June 1949.
Exhibit no. 10162: Letter to the Minister for Industrial Development from ABA Limited’s
General Superintendent, 28 August 1963.
Exhibit no. 10166: Letter, from C.W.R. Powell, CEO of ABA Ltd, to the President of Johns-
Manville, Mr. Crosby, dated 4 August 1944.
Exhibit no. 10168: The Managing Director’s correspondence to the Wittenoom manager
regarding ‘Mine Matters’, 27 September 1948.
332
Exhibit no. 10170: Letter from C. H. Broadhurst, Wittenoom manager to ABA Limited
Engineer in Perth. 14 April 1949.
Exhibit no. 10177: Letter from Managing Director to Wittenoom manager, 12 March 1952.
Exhibit no. 10179: Letter from Managing Director to Wittenoom manager, to give approval to
attend the Mining and Metallurgical Conference in Melbourne,16 April 1952.
Exhibit no. 10188: Letter from ABA Limited to C. Broadhurst re Dry Process Plant, 20 April
1956
Exhibit no.10191: Letter from C. Broadhurst, Director ABA Limited to the Premier of W.A. Re
Production, 7 June 1957.
Exhibit no. 10195: Malcolm King’s letter to director re Costs, 7 October 1959.
Exhibit no. 10196: Letter from C. Broadhurst to ABA Limited General Superintendent, Re:
Fibre Sales: Mr. Thomas’ report on markets, 17 January 1962.
Exhibit no. 10205: Correspondence from C.H. Broadhurst Pro General Manager to Manager
ABA Perth, 1 December 1966. Re list of companies advised of Wittenoom’s closure.
Exhibit no. 10206: Certificate of Incorporation of a Proprietary Company. Australian Blue
Asbestos Pty Limited, 22 December 1960.
Exhibit no. 10223: Memo from the Secretary of Mines to the Minister of Mines, 7 February
1950.
Exhibit no. 10224: Senior Inspector of Mines letter to the State Mining Engineer, Department
of Mines, 17 July 1951.
Exhibit no. 10225: Correspondence from Thomas, acting ABA manager at Wittenoom to
District Inspector of Mines. Steps taken to eliminate dust. 21 June, 1955.
Exhibit 10229: O. A. Allan and A. N. Marr, 1957, 'Report on visit to Rhodesia and South
Africa to the Colonial Sugar Refining Company'.
Exhibit no.10231: C. H. Broadhurst’s letter to the Managing Director, Australian Blue
Asbestos Limited. Topic: Mine Staff. 6 September 1946.
Exhibit no. 10232: Profit And Loss Account for the year ended 31 March 1958.
Exhibit no. 10234: CSR Profit And Loss Account for the year ended 31 March 1960.
Exhibit no. 10237: Minutes of Meeting of Directors of Australian Blue Asbestos Limited.
Exhibit no.10241: Extracts of CSR Board Minutes (1 January 1943 - 30 June, 1987).
Exhibit no. 10246: The Inquiry into Asbestos Issues at Wittenoom by Hon. Mark Nevill and
Alan Rogers, for the Western Australian Parliament, 1 August, 1992.
Exhibit no. 10251: In the Supreme Court of Western Australia. Heard 19 November, 1987 to
14 July 1988. Delivered 4 August, 1988. No. 1148 of 1987 BETWEEN STEPHEN EDWARD
JAMES TIMOTHY CHARLES IRVIN BARROW, Plaintiff and CSR LIMITED, first defendant
and MIDALCO PTY LTD, second defendant and no. 1161 of 1987 BETWEEN PETER
HEYS, Plaintiff and CSR LIMITED, first defendant and MIDALCO PTY LTD, second
defendant (By original action) and BETWEEN CLAYTON PETER HEYS, as Administrator
with the will annexed of the estate of PETER HEYS deceased.
333
Exhibit no.10252: Transcript of the Four Corners programme, ‘Blue Murder’. ABC journalist
Paul Barry accompanied to Wittenoom by ex-Italian miner, Rolando Sabbadini.
Exhibit no. 10256: State Mining Engineer Foxall’s letter to AWU Secretary, T. Oliver, 10 May
1948.
Exhibit no. 10261: District Inspector of Mines, J. Boyland’s report to the State Mining
Engineer on his visit to Wittenoom on the 19 and 20 January, 14 February 1950.
Exhibit no. 10268: Letter from the State Mining Engineer to the District Inspector of Mines, 9
May 1950.
Exhibit no. 10272: J. Boyland Report on recent inspections of Northwest and Kimberley, 25
May 1952.
Exhibit no. 10278: Mines Inspector J. Boyland writing to the State Mining Engineer, 28 June
1956
Exhibit no. 10287: AWU, AEU, ETU and the Boilermakers unions writing to the District
Inspector of Mines, 3 February 1958.
Exhibit no. 10289: C. Reen, AWU representative writing to Mines Inspector Hunt, 5 March
1958.
Exhibit no. 10292: Mines Inspector A. W. Ibbottson writing to Senior Inspector of Mines, 3
April 1958.
Exhibit no. 10293: Letter from J. Boyland, Senior Inspector of Mines to State Mining
Engineer, 9 April 1958.
Exhibit no. 10305: Mines Inspectors Ibbottson and Hunt writing to the Wittenoom mine
manager, 9 October 1958.
Exhibit no. 10307: C. H. Broadhurst, Director, writes to the Managing Director ABA Limited,
Sydney with the questions and answers given in the W.A. Legislative Assembly on asbestos-
related diseases, 16 September 1958.
Exhibit no.10312: Dr Henzell, Director of the Tuberculosis Branch writing to Commissioner of
Public Health, 1
June 1948.
Exhibit no. 10313: Letter from Dr Saint to Dr Cook, Commissioner of Public Health, 6 June
1948.
Exhibit no.10314: Memo from Dr Linley Henzell to the Minister for Health, 20 February 1950.
Exhibit no. 10318: Letter from Commissioner of Public Health, L. Henzell, to the Under
Secretary for Mines, 26
t
October 1951.
Exhibit no. 10325: Letter from Dr McNulty to Dr D. D. Letham. Re: asbestosis and x-ray
classifications in Wittenoom workers, 29 January 1959.
Exhibit no.10327: Dr Jim McNulty writing to Dr King, 13 January 1960.
Exhibit no. 10328: Dr McNulty Chest Physician and Mines Medical Officer writing to General
Manager State Government Insurance Office (Western Australia) 17 March 1960.
Exhibit no. 10351: West Australian: Asbestos Mine was Too Dusty, 6 October 1961.
334
Exhibit no. 10353: Letter from Dr McNulty to Dr Rennie, 25 October 1961.
Exhibit no. 10364: Letter from Department of Mines, A. J. Murphy to Dr McNulty, Re: dust
counts and temperatures, 24 June 1965.
Exhibit no. 10376: Letter from the Minister for Health to the Minister for Mines, 4 March 1960.
Exhibit no.10386: Letters from Wittenoom mine manager, O. Allan to General Superintendent
Australian Blue Asbestos Limited, Perth, 24 June 1960.
Exhibit no. 10407: Senior Inspector Boyland writing to State Mining Engineer regarding
ventilation in the mine and mill. 19 September 1960.
Exhibit no. 10438: Letter from Wittenoom manager to the General Secretary, Chamber of
Mines of W.A. Re: Ventilation at Wittenoom, 6 October 1961.
Exhibit no. 10441: Memo dated 12 October 1961 to Under-Secretary of Mines from State
Mining Engineer Brisbane, re October 10 1961 meeting held in State Mining Engineer’s
office.
Exhibit no. 10442: Memo dated 13 October 1961 from Under-Secretary of Mines to the
Minister for Mines, re October 10 1961 meeting held in State Mining Engineer’s office.
Exhibit no. 10444: Meeting pm 10 October 1961 in Mr Brisbane’s Office, Mines Department,
Perth.
Exhibit no. 10447: Letter from Wittenoom manager Allan to Managing Director ABA Limited,
Sydney, Re: a recent visit from the Senior Inspector of Mines who expressed his appreciation
at the improvements made to the underground ventilation. 18 October 1961.
Exhibit no. 10450: Letter from Senior Inspector of Mines to Wittenoom manager, 6 November
1961.
Exhibit no. 10453: O.A. Allan writing to ABA General Manager regarding proposed
improvements in the mine. 17 November 1961.
Exhibit no. 10454: Letter from Wittenoom manager to Senior Inspector of Mines. 20
November 1962.
Exhibit no. 10455: Letter from ProManaging Director ABA Limited, Malcolm King to General
Superintendent ABA Limited, Perth. 30
th
November 1961.
Exhibit no. 10457: Letter from A. W. Ibbottson, District Inspector of Mines to Wittenoom
manager. Re Under the provisions of the Mines Regulation Act, the District Inspector of
Mines is going to put a limit on the daily tonnage allowed into the mill. 6
th
December 1961.
Exhibit no. 10466: Meeting pm 8 January, 1962 in Mr Brisbane’s Office, Mines Department,
Perth. This meeting was reported by Mr Thomas, ABA Limited’s General Superintendent to
the Wittenoom Manager. Re: Meeting was held between the Representatives of ABA, the
Mines Dept. and the Health Dept.
Exhibit no. 10474: Letter to State Mining Engineer from Senior Inspector of Mines Re:
Proposed prosecutions – Australian Blue Asbestos Limited. 5 April 1962.
Exhibit no. 10476: Letter from Senior Inspector of Mines to State Mining Engineer –
Ventilation – Australian Blue Asbestos Ltd Wittenoom. 11 April 1962.
335
Exhibit no. 10479: Letter from Senior Inspector of Mines to State Mining Engineer —
Ventilation Report – June 1962 — 20 July 1962.
Exhibit no. 10483: Letter to the Wittenoom manager: Re: conditions throughout the mine
have deteriorated considerably since the last inspection. 25 July 1962.
Exhibit no. 10489: Letter from the District Inspector of Mines to Senior Inspector of Mines, 13
October 1962.
Exhibit no. 10496: ABA Wittenoom: Industrial Disease (Asbestosis & Silicosis), 18
September 1963.
Exhibit no. 10503: Ventilation Report for 1963. A. Mulholland, 8 January 1964.
Exhibit no. 10507: Letter from the District Inspector of Mines (Port Hedland) to the Senior
Inspector of Mines. 25 February 1964.
Exhibit no. 10518: Letter from Dr McNulty to J. Boyland: Re Dust is still obviously a problem.
25 October 1965.
Exhibit no. 10524: Thermal Precipitator. 31 March 1966.
Exhibit no. 10554: Penrose, K. E. (1963), The ABA Story.
Exhibit no. 10571.0: Report from C. Adams, Inspector of Mines, Cue, to the State Mining
Engineer, Perth regarding the Western Australian Blue Asbestos Company. 24 October
1945.
Exhibit no. 10578: A. E. Lloyd District Inspector’s report on Wittenoom to the State Mining
Engineer. 26 November 1948.
Exhibit no. 10593: District Inspector A. E. Lloyd’s report on Wittenoom to the State Mining
Engineer. 13 October 1950.
Exhibit no. 10633: Letter from J. M. Faichney to State Mining Engineer on Ventilation in ABA
mine at Wittenoom, 15 August 1953.
Exhibit no. 10645: C. H. Broadhurt’s report of his visit to Europe and North America. 1
November 1956.
Exhibit no. 10647: Report on Asbestos Wittenoom, from Company Secretary J. F. Blaxland
to General Manager. 29 April 1977.
Exhibit no.10651: Commonwealth of Australia, Department of Health, 1922, An Index to
Health Hazards in Industry.
Exhibit no. 10652: Meeting re: Wittenoom claims. In attendance were CSR directors; J. F.
Blaxland (who prepares the report), Malcolm King, R.W. Harvey and F. N. Lewis. 29 April
1977:
Exhibit no.10653: Workers’ Compensation Act, Dangerous Industrial Diseases and Diseases
Arising Therefore. 8 March 1935.
Exhibit no. 10654: Workers’ Compensation Reports: pp. 129-132, in the Workers’
Compensation Commission of New South Wales — Jones vs James Hardie and Co. Ltd.,
1939.
Exhibit no.10660: The Medical Journal of Australia, Vol 11, 37
th
Year, 25 November 1950.
336
Exhibit no. 10666. The Report of the Commissioner of Public Health for the year 1959 –
presented to both Houses of the Western Australian Parliament.
Exhibit no.10668: Letters from Wittenoom mine manager, O. Allan to Managing Director
Australian Blue Asbestos Limited, Sydney. 24 June 1960.
Exhibit no: 10673: Letter from Dr McNulty to Dr Rennie: Re: The mill at ABA the Mines
Department Inspector report to me that the mill was dirtier than ever, despite a reduced ore
production. 6 February 1963.
Exhibit no. 10674_01: Memorandum to the General Superintendent ABA Ltd, Perth, See
under Health Matters. 28 March 1963.
Exhibit no. 10674_05: Some questions and answers concerning Bulletin Cover Story: “Is
there a killer in your home?” 6 July 1974.
Exhibit no.10711: The Catalogue of the Scientific and Technical Periodicals in the Libraries
of Australia, 1930.
Exhibit no.10712: The Australian Institute of Librarians, Ninth Annual Report, October 1946,
Melbourne University Press, 1947.
Exhibit no. 10714: the Quarterly published by the Library Association of Australia, vol 8, April
1959.
Exhibit no. 10722: slide no. 82. Letter from Dr. McNulty, Chest Physician and Mines Medical
Officer, Kalgoorlie, to the Manager of the State Government Insurance Office of W.A. 17
March 1960.
Exhibit no. 10722: slide no. 102, Professor of Pathology, R. E. J. ten Seldan, at Perth
Hospital is writing to the Health Commissioner of Public Health, Dr. Henzell about his
concerns. 18 April 1958.
Exhibit no: 10722: slide no. 121, Memo from the Under Secretary for Mines to the
Commissioner for Public Health. August 1951.
Exhibit no. 10722: slide no. 133, Copy from File M.D. 523/49, Inspector Boyland is reporting
to the State Mining Engineer on his visit to Wittenoom with Workmen’s Inspector Hunter. 19
June 1950.
Exhibit no. 10722: slide 134, The State Mining Engineer’s letter to the Secretary of Mines
regarding an inspector’s recommendations for improvements at Wittenoom. 1 March 1950.
Exhibit no. 10722: slide 141, Memo from the Minister for Mines to Minister for Health.
December 1949.
Exhibit no. 10722: slide 142, Copy to the Minister of Health from the Minister for Labour of
Memo from the Secretary of Labour to the Minister for Labour regarding extending
operations of the Factories and Shops Act. 20 December 1949.
Exhibit no. 10722: slide 151, Dr Henzell reports to the Commissioner of Public Health, on x-
rays. 26 July 1948.
Exhibit no. 10722: slide 158, ABA Limited engineer G. P. Wallace writing to Dr Henzell,
Director of the Tuberculosis Branch. 14 May 1948.
337
Exhibit no. 10722: slide 159, Letter to Acting Commissioner of Public Health from Senior
Commonwealth Medical Officer, W.A. 16 February 1948.
Exhibit no. 10722: slide 160, Letter from Acting Commissioner of Public Health to Senior
Commonwealth Medical Officer, W.A. 13 February 1948.
Exhibit no. 10722: slide 161, Memo from Dr Linley Henzell, Director of Tuberculosis Branch,
to the Commissioner of Public Health. 3 February 1948.
Exhibit no. 10722: slide 162, Report on asbestos prepared by the Government Chemical
Laboratories for the Commissioner of Public Health of Western Australia. January 1948.
Exhibit no. 10723: Response to Minister [for Mines] from Director General of Mines, D. R.
Kelly regarding correspondence from the Asbestos Diseases Society of Australia and
lawyers Lavan Solomon regarding the location of relevant Department of Mines files re
Wittenoom. 21 November 1984.
Exhibit no. 10739: Re CSR (& ABA & SGIO)/Slater and Gordon Agreement with CSR’s
lawyers.
Exhibit no. 10828: Australian Blue Asbestos Pty. Ltd. 29 September 1966.
Exhibit no.10881: Commissioner of Public Health replies to Dr Saint’s letter. 16 June 1948.
Exhibit no. 10887: Marrero Plant News Bulletin, Wednesday, announces the visit of Sydney
CSR officials Mr K. O. Brown and Dr. P. A. Hanks to the Johns-Manville Marrero Plant,
Louisiana. 6 May 1959.
Exhibit no.10903: Re: mineral claims. Both C.S.R. and A.B.A. have by frequent visits abroad
endeavoured to build up the market for blue fibre. 14 September 1959.
Exhibit no. 10904: Johns-Manville internal memo: CSR executive’s visit. 28 May 1963.
Exhibit no. 10907.00: J.V. Sparks, 1932, 'Pulmonary Asbestosis', The Medical Journal of
Australia, (March), p. 338 (Abstract).
Exhibit no. 10908.00: Johns-Manville memorandum, 18 April 1952. C. V. Miller to various
executives re: Johns-Manville representative, C. D. Borror’s visit to Australia.
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