VICTORIAN SUPREME COURT RESERVES DECISION ON GROUP PROCEEDINGS

The Victorian Supreme Court today reserved its decision on an application from Pasminco to dismiss the group proceeding against it relating to claims of pollution, nuisance and negligence allegedly caused by its smelters at Cockle Creek in NSW and Port Pirie in South Australia.

The hearing began last Thursday 2 November and was adjourned to today to allow for the completion of submissions from both sides.

Pasminco believes that the matter should be dismissed because:

• 
  
• The Victorian Supreme Court should not be adjudicating on matters that arise wholly outside Victoria
  
• The threshold requirements for launching a group proceeding have not been satisfied. The claims of class action group members must arise out of the same or similar circumstances and the plaintiffs must have a claim against each defendant. For example, it is not possible for residents in Cockle Creek to bring claims against the Port Pirie smelter and vice versa
  
• The statement of claim is unclear and inconsistent
  

Pasminco has owned the companies that operate the Port Pirie and Cockle Creek smelters since 1988. Both of these sites have been producing lead and zinc for more than 100 years.

Pasminco believes that a group proceeding, or class action, is an inappropriate way of dealing with diverse individual issues. The company continues to encourage people who have concerns about its operations to raise these directly with the company. The company has always worked within strict regulatory guidelines in relation to the environmental performance of all of its sites, and consults regularly with communities to discuss expectations.

Further information about the matter can be obtained by calling Pasminco on 1800 812 548.

For further information contact:
Trevor Shard Group Manager - Investor Relations
61 3 9288 9186 or 0419 584 515

Peter Griffin Group Manager - Public Affairs
61 3 9288 0463 or 0419 314 265

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