NSW Caselaw
District Court New South Wales
Medium Neutral Citation: SafeWork NSW v Landmark Roofing Pty Ltd (No. 3) [2020] NSWDC 675 Hearing dates: 5 November 2020 Date of orders: 9 November 2020 Decision date: 09 November 2020 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) Suspend the payment of the fine and costs ordered on 7 August 2020 until further order of the Court on the following conditions: (a) The defendant pay $85,000 into Court by 16 November 2020; (b) The defendant file by 16 November 2020 a written undertaking to prosecute its appeal to the Court of Criminal Appeal with due despatch. (2) Liberty to apply. Catchwords: PROCEDURAL – suspension of payment of fine and costs orders pending appeal – arguable grounds of appeal – balance of convenience – conditions of suspension Legislation Cited: Criminal Appeal Rules (NSW), r 15 Work Health and Safety Act 2011 (NSW) Cases Cited: Burgess v Ors v Mount Thorley Operations Pty Ltd [2002] 119 IR 52 Lyco Industries Pty Ltd v Inspector Buggy [2006] NSWIRComm 19 SafeWork NSW v Landmark Roofing Pty Ltd [2020] NSWDC 202 SafeWork NSW v Landmark Roofing Pty Ltd (No. 2) [2020] NSWDC 420 Category: Procedural and other rulings Parties: SafeWork NSW (Prosecutor) Landmark Roofing Pty Ltd (Defendant) Representation: Counsel: M Moir (Prosecutor) J Glissan QC (Defendant)
Solicitors: SafeWork NSW (Prosecutor) Moray & Agnew (Defendant) File Number(s): 2019/83648
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