Victorian Supreme Court Dismisses Class Action Against Pasminco

The Victorian Supreme Court today ruled in favour of 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 New South Wales and Port Pirie in South Australia.

Announcing the judgement, Justice Hedigan said that while this matter was dismissed, he granted leave to the plaintiffs to bring fresh group proceedings by separate actions.

Pasminco Managing Director and Chief Executive Mr David Stewart welcomed the decision and said Pasminco had never considered a class action to be an appropriate way to deal with diverse individual circumstances.

“This action has done little to promote improvement or progress across a range of issues that influence a community’s aim of achieving a healthy and sustainable quality of life.

“While individual applicants to the class action remain free to consider alternative legal action following today’s decision, I hope they will choose to approach the company directly.”

He added that since its formation in 1988, the company had accepted responsibility for its environmental performance.

“Pasminco accepts it has an obligation to address the legacies of the past - even though much of the lead contamination occurred before Pasminco’s inception.

“We have worked hard to manage our business responsibly in line with changing community expectations, standards and regulations. We have committed significant capital and managerial effort towards improving environmental performance, particularly at the Port Pirie and Cockle Creek sites.

“In addition to the continuing investment to improve and upgrade our operations, we have always acknowledged and supported the legitimate expectations of government, regulators and the community,” he said.

The matter was heard in the Victorian Supreme Court during early November.

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. The company has always worked within strict regulatory guidelines in relation to the environmental performance of all of its sites, and consults regularly with its’ local 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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