Qld: Court rules lead poisoning Mt Isa claim non-compliant

AAP General News (Australia)
04-17-2009
Qld: Court rules lead poisoning Mt Isa claim non-compliant

By Christine Flatley

BRISBANE, April 17 AAP - A young girl's damages case against mining giant Xstrata has
been set back by a court ruling that her lead poisoning claim did not comply with personal
injury laws.

Six-year-old Stella Hare lodged a claim against Xstrata and Mount Isa Mines in April last year.

Her family claims she has suffered brain and nervous system impairments caused by exposure
to lead and other toxic contaminants near and around her home at Mt Isa.

Miss Hare also is seeking unspecified damages from the Queensland Environmental Protection
Agency (EPA), and Mount Isa City Council.

After a lengthy battle in the Supreme Court in Brisbane late last year a judge ruled
the notice of claim filed against the mining giant was compliant with personal injury
laws.

However, last month Xstrata appealed against the decision, arguing the claim failed
to adequately address a number of pertinent issues.

Lawyers for Xstrata argued there was an "imprecision and lack of intelligibility" about
some of Miss Hare's answers in the claim to questions about how the company caused the
alleged poisoning.

They also said there was medical evidence her impairments were caused by her premature birth.

Xstrata also claimed the judge who initially ruled on the claim failed to adequately
consider their arguments or to give proper reasons about his decision.

On Friday, the full bench of the Court of Appeal in Brisbane upheld Xstrata's appeal,
ruling that the claim lodged by Miss Hare did not comply with relevant laws.

The court did not make an order, requested by the Hares, to allow the claim to proceed
despite non-compliance.

AAP cf/pjo/jl/bwl

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