Orr v Moolarben Coal Operations Pty Ltd; Orr v Chaplin [2020] NSWDC 739

District Court New South Wales

Medium Neutral Citation: Orr v Moolarben Coal Operations Pty Ltd; Orr v Chaplin [2020] NSWDC 739 Hearing dates: 13 November 2020 Date of orders: 4 December 2020 Decision date: 04 December 2020 Jurisdiction: Criminal Before: Russell SC DCJ Decision: 2019/154712 Orr v Moolarben Coal Operations Pty Ltd (1) Notice of Motion filed by the prosecutor on 12 October 2020 is dismissed. (2) Order the prosecutor to pay the defendant's costs of the Motion. (3) Stand over for directions before me at 9.30am on 11 December 2020. 2019/150710 Orr v Chaplin (1) Notice of Motion filed by the prosecutor on 12 October 2020 is dismissed. (2) Order the prosecutor to pay the defendant's costs of the Motion. (3) Stand over for directions before me at 9.30am on 11 December 2020. Catchwords: PROCEDURE – blast at coal mine exposed workers to risk – allegations of breach of duty against each defendant in summonses were quite different – whether the court has jurisdiction to order proceedings commenced against two accused persons to be heard together – discretionary power under s 29 of the Criminal Procedure Act to make such an order in certain circumstances – power should not be exercised where it would not be in the interests of justice Legislation Cited: Crimes (Local Courts Appeal and Review) Act 2001 (NSW) Criminal Procedure Act 1986 (NSW), ss 28(1), 29, 166 Criminal Procedure Amendment (Justices and Local Courts) Act 2001 (NSW) District Court (Procedure) Amendment Act 1984 (NSW) District Court Act 1973 (NSW), ss 166, 171D Environmental Planning and Assessment Act 1979 (NSW) Fisheries Management Act 1994 (NSW) Justices (Amendment) Act 1940 (NSW) Justices Act 1902 (NSW), 78A Justices Legislation Repeal and Amendment Act 2001 (NSW) Local Land Services Act 2013 (NSW) Native Vegetation Act 2003 (NSW) Supreme Court (Summary Jurisdiction) Act 1967 (NSW), s 13 Work Health and Safety Act 2011 (NSW), ss 19(1), 28B, 32, 229B Cases Cited: Decision Restricted [2020] NSWCA 189 Director General, NSW Department of Industry and Investment v Marto Investments Pty Ltd & Ors [2010] NSWLEC 56 Munday v Gill [1930] HCA 20; (1930) 44 CLR 38 Natural Resources Access Regulator v Budvalt Pty Ltd [2019] NSWLEC 169 R v Swansson [2007] NSWCCA 67; (2007) 69 NSWLR 406 Roach v R [2019] NSWCCA 160 Secretary, Department of Planning, Industry and Environment v Auen Grain Pty Ltd [2019] NSWLEC 187 Texts Cited: Criminal Practice and Procedure NSW, LexisNexis looseleaf Mr B Debus, Attorney-General, Second Reading Speech, 4 December 2001 Category: Procedural and other rulings Parties: Stephen James Orr (Prosecutor) Moolarben Coal Operations Pty Ltd (Defendant) Michael Chaplin (Defendant) Representation: Counsel: P McDonald SC with W Thompson (Prosecution) A Moses SC with J Alderson (Moolarben Coal Operations Pty Ltd) C Magee (Michael Chaplin)