What You've Got Within You

11: Sydney 2002

11Sydney 2002

Not long after Morahan gave Fraser the James Henderson case to handle, the partner in charge of V&L’s asbestos litigation at Berry Hall, Lurlene Maguire, was discussing her client’s defence with V&L’s in-house lawyer, Stewart Renouf.

“I think V&L should have minimal financial exposure in this case. Henderson only worked at Disaster Gorge for a year. By far his heaviest exposure was at Henry King’s factory and from using its products as a builder.”

“That’s true, Lurlene,” Renouf said, “But you know as well as I do that we supplied Disaster Blue to Henry King’s until 1966 and blue asbestos is the most potent cause of mesothelioma on the planet. Don’t forget King’s was forced to buy our fibre as a result of the Tariff Board Inquiry in the 50s.”

“I appreciate that, Stewart, but no plaintiff has even come close to alleging that and I can’t see Henry King cross-claiming against us for supplying blue. Can you imagine the s**t fight that would be involved? And what about the God almighty stink that would follow revelations about the Tariff Board Inquiry.”

“Yes, yes, I’ve thought about that. It’s a risk we run by being too hard-nosed about our contribution to any settlement. If we keep on refusing to pay very little, then someone one day will try to uncover the whole sordid tale and sue us for more.”

“That’s why I suggest we stick to our tried and true approach of keeping a low profile. Let King’s take the running of the defence. Its lawyers love showing us how clever they are. They can organise the medical examinations, engage in the pointless bickering with Shaw & Fletcher over discovery or interrogatories or whatever. And when it is time to settle, we’ll contribute, but encourage them to take the lead in that as well. You know they will. They do it all the time.”

It was hard for Renouf to argue against this logic. Maguire was a good operator. She had saved V&L hundreds of thousands of dollars with this “flying under the radar” tactic. Henry King Industries invariably took the lead in defending a claim. Ever since the companies had lost test cases on breach of duty in the early 1990s, what Henry King did to defend itself usually had the benefit of also assisting V&L. Time and again, King Industries obtained a medical report disputing the diagnosis of mesothelioma that could be relied on by both defendants even though V&L had not paid a dime for the doctor’s opinion. King’s lawyers jumped up and down about it, but, in the end, wore it. He anticipated the Henderson case would be no different.

“Yes, Lurlene, I know you’re right – as usual.”

Maguire smiled. Stewart Renouf was a good client. He appreciated her practical advice rather than the overly legalistic tripe she knew Henry King received from over the road at Jacksons. One day she feared it would all become unstuck. She was sufficiently across V&L’s discovered documents and had interviewed enough of the major players in its history to know the risks to the company bubbling under the surface. It only took one case to shatter the brittle veneer of impregnability she had constructed; to foment media frenzy about V&L’s dark past; to see its share price fall, wiping millions from the company’s balance sheet. When that happened, she hoped to have been long retired.

She had been a partner at Berry Hall, for fifteen years. Before that, she had been an employed solicitor and then senior associate. She had made it to the top, but along the way, her marriage had foundered. It was a lonely life. Even though she still thought herself attractive, relationships were problematic. Her companions on most weekends were piles of paper and her wheezing British bulldog, Mr Wells. It was comfortable enough, and she enjoyed the expensive trips she took overseas, and ordering minions around at work. She and Mr Wells could both do without the awakening of ghosts from V&L’s past. They were the sort of ghosts that could haunt you for decades.