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24 November 2023

Managing Director
DK Containers
13 Correllis Street
HARRINGTON PARK NSW 2567

By email: [email protected]

Dear Sir/Madam

Fidel Njoku - MVA


Our Ref: 2040670

We have been engaged by NRMA Insurance with respect to a claim brought by Mr Fidel Njoku
subsequent to a motor vehicle accident that occurred at Vivin Imports Pty Ltd (Vivin), 6 Burilda
Close, Wetherill Park, NSW on 4 February 2022. The motor vehicle involved which was owned
by DK Containers Pty Ltd (DKC), registered number CE09CD, was insured with NRMA as at 4
February 2022.

We are seeking access to additional records with respect to this claim and would be grateful for
your prompt assistance with the provision of the following:

1 Were any Improvement Notices issued by SafeWork NSW as a result of the accident of 4
February 2022. If so, please let us have copies;

2 Were any statements obtained from employees of DKC by SafeWork NSW? If so, please
let us have copies;

3 Please provide us with a copy of all documents touching upon or pertaining to the
following:

(a) The system of work implemented with respect to the loading/unloading (including
the driving or moving) of vehicles by DKC employees while working at Vivin;

(b) All records concerning the induction by DKC (and Vivin) of:

(i) Mr Njoku; and

(ii) Mr Elliott Paredes.

(c) The DKC Job Description Statements with respect to:

(i) Mr Njoku; and

(ii) Mr Elliott Paredes.

(d) All risk assessments undertaken prior to 4 February 2022 with respect to the
loading/unloading of vehicles (including the driving or moving of vehicles) while
DKC employees were working at Vivin;

Meridian Lawyers Limited is an incorporated legal practice under the relevant legal profession legislation in NSW, Victoria, Queensland and
Western Australia. Not all of its principals are legal practitioner directors.
24 November 2023

(e) All SafeWork Method Statements;

(f) All notes, records, minutes and the like with respect to tool box meetings touching
upon or pertaining to the circumstances of this accident;

(g) All records pertaining to training provided to:

(i) Mr Njoku; and

(ii) Mr Paredes;

4 A copy of the contract pertaining to the hire of DKC employees by Vivin.

We enclose an Authority signed by Mr Njoku permitting the release of this information and look
forward to your response in due course.

We would be grateful for your response in the near future.

If you wish to discuss this matter, please contact our Tom Lyons on the number below.

Yours faithfully

Special Counsel: Tom Lyons


Direct line: +61 2 4047 2610
Email: [email protected]
Principal: Andrew Gorman

Enc.

9204624.1

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