❓ Hon George Cash asks about legal action against the Department of Conservation and Land Management (CALM) regarding smoke damage to crops, specifically wine grapes. The answer details four cases, including the location, dates, damages sought, and current status of each legal proceeding.
AnsweredQoN 242Legislative Council
QuestionView source ↗
DEPARTMENT OF CONSERVATION AND LAND MANAGEMENT - LIABILITY FOR SMOKE DAMAGE
I refer to the answer to my question dated 3 May 2006 regarding the legal action initiated against the Department of Conservation and Land Management in the past five years by plaintiffs seeking to recover damages for smoke damage to crops. Will the minister provide further particulars on the nature of the claims made by the plaintiffs, including the location and dates on which the smoke damage occurred, the quantum of the damages sought and the time expected to be taken to resolve the question of liability? Hon JON FORD
I refer to the answer to my question dated 3 May 2006 regarding the legal action initiated against the Department of Conservation and Land Management in the past five years by plaintiffs seeking to recover damages for smoke damage to crops. Will the minister provide further particulars on the nature of the claims made by the plaintiffs, including the location and dates on which the smoke damage occurred, the quantum of the damages sought and the time expected to be taken to resolve the question of liability? Hon JON FORD
AnswerView source ↗
On behalf of the Minister for Education and Training, I thank Hon George Cash for some notice of this question. The Minister for the Environment has supplied the following answer - Further particulars on the nature of the claims alleging smoke damage to wine grapes are described in the answer. It is not possible for the Department of Conservation and Land Management to predict the likely time for the cases to be determined with any certainty, especially because much depends on the plaintiff in each case. Four companies are mentioned in the answer: Southern Properties (WA) Pty Ltd, Channybearup Wines Pty Ltd, Pimelea Vineyard and Hardy Wine Company Ltd. I seek leave to table the remainder of the answer, which is quite lengthy, and have it incorporated in Hansard. Leave granted. [See paper 1493.] The following material was incorporated - Hardy Wine Company Ltd A Statement of Claim was filed by the Hardy Wine Company in the Supreme Court on 6 April 2005 alleging that smoke from CALM prescribed burn DP33, three kilometres north west of Pemberton, damaged their wine grapes between 7 and 9 January 2004 to the value of $2,722,421. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 19 April 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 19 May 2006. Southern Properties (WA) Pty Ltd Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
Hon JON FORD replied: On behalf of the Minister for Education and Training, I thank Hon George Cash for some notice of this question. The Minister for the Environment has supplied the following answer - Further particulars on the nature of the claims alleging smoke damage to wine grapes are described in the answer. It is not possible for the Department of Conservation and Land Management to predict the likely time for the cases to be determined with any certainty, especially because much depends on the plaintiff in each case. Four companies are mentioned in the answer: Southern Properties (WA) Pty Ltd, Channybearup Wines Pty Ltd, Pimelea Vineyard and Hardy Wine Company Ltd. I seek leave to table the remainder of the answer, which is quite lengthy, and have it incorporated in Hansard. Leave granted. [See paper 1493.] The following material was incorporated - Hardy Wine Company Ltd A Statement of Claim was filed by the Hardy Wine Company in the Supreme Court on 6 April 2005 alleging that smoke from CALM prescribed burn DP33, three kilometres north west of Pemberton, damaged their wine grapes between 7 and 9 January 2004 to the value of $2,722,421. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 19 April 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 19 May 2006. Southern Properties (WA) Pty Ltd Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
On behalf of the Minister for Education and Training, I thank Hon George Cash for some notice of this question. The Minister for the Environment has supplied the following answer - Further particulars on the nature of the claims alleging smoke damage to wine grapes are described in the answer. It is not possible for the Department of Conservation and Land Management to predict the likely time for the cases to be determined with any certainty, especially because much depends on the plaintiff in each case. Four companies are mentioned in the answer: Southern Properties (WA) Pty Ltd, Channybearup Wines Pty Ltd, Pimelea Vineyard and Hardy Wine Company Ltd. I seek leave to table the remainder of the answer, which is quite lengthy, and have it incorporated in Hansard. Leave granted. [See paper 1493.] The following material was incorporated - Hardy Wine Company Ltd A Statement of Claim was filed by the Hardy Wine Company in the Supreme Court on 6 April 2005 alleging that smoke from CALM prescribed burn DP33, three kilometres north west of Pemberton, damaged their wine grapes between 7 and 9 January 2004 to the value of $2,722,421. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 19 April 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 19 May 2006. Southern Properties (WA) Pty Ltd Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
Further particulars on the nature of the claims alleging smoke damage to wine grapes are described in the answer. It is not possible for the Department of Conservation and Land Management to predict the likely time for the cases to be determined with any certainty, especially because much depends on the plaintiff in each case. Four companies are mentioned in the answer: Southern Properties (WA) Pty Ltd, Channybearup Wines Pty Ltd, Pimelea Vineyard and Hardy Wine Company Ltd. I seek leave to table the remainder of the answer, which is quite lengthy, and have it incorporated in Hansard. Leave granted. [See paper 1493.] The following material was incorporated - Hardy Wine Company Ltd A Statement of Claim was filed by the Hardy Wine Company in the Supreme Court on 6 April 2005 alleging that smoke from CALM prescribed burn DP33, three kilometres north west of Pemberton, damaged their wine grapes between 7 and 9 January 2004 to the value of $2,722,421. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 19 April 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 19 May 2006. Southern Properties (WA) Pty Ltd Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
Four companies are mentioned in the answer: Southern Properties (WA) Pty Ltd, Channybearup Wines Pty Ltd, Pimelea Vineyard and Hardy Wine Company Ltd. I seek leave to table the remainder of the answer, which is quite lengthy, and have it incorporated in Hansard. Leave granted. [See paper 1493.] The following material was incorporated - Hardy Wine Company Ltd A Statement of Claim was filed by the Hardy Wine Company in the Supreme Court on 6 April 2005 alleging that smoke from CALM prescribed burn DP33, three kilometres north west of Pemberton, damaged their wine grapes between 7 and 9 January 2004 to the value of $2,722,421. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 19 April 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 19 May 2006. Southern Properties (WA) Pty Ltd Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
Leave granted. [See paper 1493.] The following material was incorporated - Hardy Wine Company Ltd A Statement of Claim was filed by the Hardy Wine Company in the Supreme Court on 6 April 2005 alleging that smoke from CALM prescribed burn DP33, three kilometres north west of Pemberton, damaged their wine grapes between 7 and 9 January 2004 to the value of $2,722,421. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 19 April 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 19 May 2006. Southern Properties (WA) Pty Ltd Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
[See paper 1493.] The following material was incorporated - Hardy Wine Company Ltd A Statement of Claim was filed by the Hardy Wine Company in the Supreme Court on 6 April 2005 alleging that smoke from CALM prescribed burn DP33, three kilometres north west of Pemberton, damaged their wine grapes between 7 and 9 January 2004 to the value of $2,722,421. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 19 April 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 19 May 2006. Southern Properties (WA) Pty Ltd Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
The following material was incorporated - Hardy Wine Company Ltd A Statement of Claim was filed by the Hardy Wine Company in the Supreme Court on 6 April 2005 alleging that smoke from CALM prescribed burn DP33, three kilometres north west of Pemberton, damaged their wine grapes between 7 and 9 January 2004 to the value of $2,722,421. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 19 April 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 19 May 2006. Southern Properties (WA) Pty Ltd Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
Hardy Wine Company Ltd A Statement of Claim was filed by the Hardy Wine Company in the Supreme Court on 6 April 2005 alleging that smoke from CALM prescribed burn DP33, three kilometres north west of Pemberton, damaged their wine grapes between 7 and 9 January 2004 to the value of $2,722,421. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 19 April 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 19 May 2006. Southern Properties (WA) Pty Ltd Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
A Statement of Claim was filed by the Hardy Wine Company in the Supreme Court on 6 April 2005 alleging that smoke from CALM prescribed burn DP33, three kilometres north west of Pemberton, damaged their wine grapes between 7 and 9 January 2004 to the value of $2,722,421. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 19 April 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 19 May 2006. Southern Properties (WA) Pty Ltd Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
Southern Properties (WA) Pty Ltd Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
Hon JON FORD replied: On behalf of the Minister for Education and Training, I thank Hon George Cash for some notice of this question. The Minister for the Environment has supplied the following answer - Further particulars on the nature of the claims alleging smoke damage to wine grapes are described in the answer. It is not possible for the Department of Conservation and Land Management to predict the likely time for the cases to be determined with any certainty, especially because much depends on the plaintiff in each case. Four companies are mentioned in the answer: Southern Properties (WA) Pty Ltd, Channybearup Wines Pty Ltd, Pimelea Vineyard and Hardy Wine Company Ltd. I seek leave to table the remainder of the answer, which is quite lengthy, and have it incorporated in Hansard. Leave granted. [See paper 1493.] The following material was incorporated - Hardy Wine Company Ltd A Statement of Claim was filed by the Hardy Wine Company in the Supreme Court on 6 April 2005 alleging that smoke from CALM prescribed burn DP33, three kilometres north west of Pemberton, damaged their wine grapes between 7 and 9 January 2004 to the value of $2,722,421. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 19 April 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 19 May 2006. Southern Properties (WA) Pty Ltd Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
On behalf of the Minister for Education and Training, I thank Hon George Cash for some notice of this question. The Minister for the Environment has supplied the following answer - Further particulars on the nature of the claims alleging smoke damage to wine grapes are described in the answer. It is not possible for the Department of Conservation and Land Management to predict the likely time for the cases to be determined with any certainty, especially because much depends on the plaintiff in each case. Four companies are mentioned in the answer: Southern Properties (WA) Pty Ltd, Channybearup Wines Pty Ltd, Pimelea Vineyard and Hardy Wine Company Ltd. I seek leave to table the remainder of the answer, which is quite lengthy, and have it incorporated in Hansard. Leave granted. [See paper 1493.] The following material was incorporated - Hardy Wine Company Ltd A Statement of Claim was filed by the Hardy Wine Company in the Supreme Court on 6 April 2005 alleging that smoke from CALM prescribed burn DP33, three kilometres north west of Pemberton, damaged their wine grapes between 7 and 9 January 2004 to the value of $2,722,421. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 19 April 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 19 May 2006. Southern Properties (WA) Pty Ltd Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
Further particulars on the nature of the claims alleging smoke damage to wine grapes are described in the answer. It is not possible for the Department of Conservation and Land Management to predict the likely time for the cases to be determined with any certainty, especially because much depends on the plaintiff in each case. Four companies are mentioned in the answer: Southern Properties (WA) Pty Ltd, Channybearup Wines Pty Ltd, Pimelea Vineyard and Hardy Wine Company Ltd. I seek leave to table the remainder of the answer, which is quite lengthy, and have it incorporated in Hansard. Leave granted. [See paper 1493.] The following material was incorporated - Hardy Wine Company Ltd A Statement of Claim was filed by the Hardy Wine Company in the Supreme Court on 6 April 2005 alleging that smoke from CALM prescribed burn DP33, three kilometres north west of Pemberton, damaged their wine grapes between 7 and 9 January 2004 to the value of $2,722,421. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 19 April 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 19 May 2006. Southern Properties (WA) Pty Ltd Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
Four companies are mentioned in the answer: Southern Properties (WA) Pty Ltd, Channybearup Wines Pty Ltd, Pimelea Vineyard and Hardy Wine Company Ltd. I seek leave to table the remainder of the answer, which is quite lengthy, and have it incorporated in Hansard. Leave granted. [See paper 1493.] The following material was incorporated - Hardy Wine Company Ltd A Statement of Claim was filed by the Hardy Wine Company in the Supreme Court on 6 April 2005 alleging that smoke from CALM prescribed burn DP33, three kilometres north west of Pemberton, damaged their wine grapes between 7 and 9 January 2004 to the value of $2,722,421. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 19 April 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 19 May 2006. Southern Properties (WA) Pty Ltd Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
Leave granted. [See paper 1493.] The following material was incorporated - Hardy Wine Company Ltd A Statement of Claim was filed by the Hardy Wine Company in the Supreme Court on 6 April 2005 alleging that smoke from CALM prescribed burn DP33, three kilometres north west of Pemberton, damaged their wine grapes between 7 and 9 January 2004 to the value of $2,722,421. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 19 April 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 19 May 2006. Southern Properties (WA) Pty Ltd Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
[See paper 1493.] The following material was incorporated - Hardy Wine Company Ltd A Statement of Claim was filed by the Hardy Wine Company in the Supreme Court on 6 April 2005 alleging that smoke from CALM prescribed burn DP33, three kilometres north west of Pemberton, damaged their wine grapes between 7 and 9 January 2004 to the value of $2,722,421. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 19 April 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 19 May 2006. Southern Properties (WA) Pty Ltd Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
The following material was incorporated - Hardy Wine Company Ltd A Statement of Claim was filed by the Hardy Wine Company in the Supreme Court on 6 April 2005 alleging that smoke from CALM prescribed burn DP33, three kilometres north west of Pemberton, damaged their wine grapes between 7 and 9 January 2004 to the value of $2,722,421. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 19 April 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 19 May 2006. Southern Properties (WA) Pty Ltd Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
Hardy Wine Company Ltd A Statement of Claim was filed by the Hardy Wine Company in the Supreme Court on 6 April 2005 alleging that smoke from CALM prescribed burn DP33, three kilometres north west of Pemberton, damaged their wine grapes between 7 and 9 January 2004 to the value of $2,722,421. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 19 April 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 19 May 2006. Southern Properties (WA) Pty Ltd Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
A Statement of Claim was filed by the Hardy Wine Company in the Supreme Court on 6 April 2005 alleging that smoke from CALM prescribed burn DP33, three kilometres north west of Pemberton, damaged their wine grapes between 7 and 9 January 2004 to the value of $2,722,421. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 19 April 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 19 May 2006. Southern Properties (WA) Pty Ltd Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
Southern Properties (WA) Pty Ltd Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
Southern Properties filed a Statement of Claim in the Supreme Court on 19 January 2005 alleging that smoke from CALM prescribed burn DBHB08, eight kilometres south west of Pemberton, damaged their wine grapes between 31 March 2004 and 1 April 2004 to the value of $1,365,435. A defence prepared by the State Solicitor’s Office was filed in the Supreme Court on 24 March 2005. The matter is still adjourned sine die (without a date). The next step in the proceedings is for the Plaintiff to call a Status Conference with the Registrar of the Supreme Court. At that time the Plaintiff may apply to transfer their statement of claim to the Court’s Expedited List so as to ensure a judgement before the commencement of CALM’s 2006-07 prescribed burning program. In the meantime, both parties have provided discovery on oath and will progress the matter by completing inspection of documents in the near future. Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
Channybearup Wines Pty Ltd A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
A ‘generally endorsed’ Writ of Summons was received on Friday 6 May 2005 from Channybearup Wines claiming that there was smoke over the course of the entire grape growing season, imputing that all the smoke was the result of CALM prescribed burning and claiming the smoke damaged the plaintiff’s grapes to the value of $957,922. Channybearup Wines filed and served a Statement of Claim in the Supreme Court on 27 July 2005. The parties have now provided discovery on oath. The next step in the proceedings is for the parties to complete inspection of the documents discovered by 8 May 2006. Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
Pimelea Vineyards Pty Ltd A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
A letter from Barristers and Solicitor Dean and Rowick of 6 October 2004 provides notice of claim under the Crown Suits Act 1991 alleging that smoke from CALM prescribed burns tainted grape production in 2003-04 to the value of $29,645. The State denied liability in a letter to the plaintiff’s counsel on 9 November 2004. A General Procedures Claim of 30 June 2005 seeking compensation as a result of alleged smoke damage to grapes commenced in the Magistrates Court of Western Australia. On 7 July 2005 The State Solicitor’s Office filed an Intention to Defend document to the Supreme Court on 12 July 2005. There has been no further action on the matter by Pimelea Vineyard
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