SafeWork NSW v Buddco Pty Ltd [2020] NSWDC 318

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Buddco Pty Ltd [2020] NSWDC 318 Hearing dates: 10 June 2020 Date of orders: 19 June 2020 Decision date: 19 June 2020 Jurisdiction: Criminal Before: Strathdee, DCJ Decision: (1) I grant leave to the prosecutor to amend the Summons issued on 5 July 2019 in accordance with the terms of the proposed Amended Summons which is the annexure marked "B" to the Affidavit of Rhys Wilkins affirmed on 16 March 2020 and marked as Exhibit A on this application.

(2) Costs of the motion be costs in the cause. Catchwords: CRIMINAL LAW- prosecution- work health and safety- duty of persons undertaking a business – risk of death or serious injury COSTS – prosecution costs Legislation Cited: Criminal Procedure Act 1986 (NSW) Occupational Health and Safety Act 2000 (NSW) Cases Cited: Borodin v R; Borodin v R; ED v R; Bogomiagkov v R [2006] NSWCCA 83 Clarke v R (1993) 71 A Crim R 58 G.P.I. (General) Pty Ltd v Industrial Court of New South Wales [2011] NSWCA 157 Inspector Nikolovski v Peter Bakhos and City Civil Pty Ltd [2011] NSWIRComm 20 Rajendran v R [2010] NSWCCA 322; (2010) 206 A Crim R 806 Rockdale Beef Pty Ltd v Industrial Relations Commission of NSW (2007) 165 IR 7 WorkCover Authority of New South Wales (Inspector Woodington) v Australand Holdings Limited and Sassall Glass and Joinery Pty Limited [2006] NSWIRComm 242 Category: Principal judgment Parties: SafeWork New South Wales (Prosecutor) Buddco Pty Ltd (Defendant) Representation: Counsel: Mr C Magee appeared for the Prosecutor Mr M Scott appeared for the Defendant