Orr v Hunter Quarries Pty Ltd (No. 5) [2021] NSWDC 171

District Court New South Wales

Medium Neutral Citation: Orr v Hunter Quarries Pty Ltd (No. 5) [2021] NSWDC 171 Hearing dates: 27 April 2021 Date of orders: 13 May 2021 Decision date: 13 May 2021 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) I direct that the prosecutor engross the amended Stated Case in the appropriate form for submission to the Court of Criminal Appeal. (2) I direct the prosecutor to provide the amended Stated Case to my Associate by 4.00pm on 20 May 2021. Catchwords: CRIMINAL LAW – PROCEDURE – whether there is power to withdraw questions from a Stated Case – whether there is power to add questions to a Stated Case – whether questions in a Stated Case are questions of law Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5AE Interpretation Act 1987 (NSW), s 43 Occupational Health and Safety Act 2000 (NSW) Work Health and Safety Act 2011 (NSW), ss 17, 18, 19, 32 Cases Cited: Environment Protection Authority v Grafil Pty Ltd [2019] NSWCCA 174 Morrison v Chevalley [2010] NSWIRComm 116 Nash v Glennies Creek Coal Management Pty Ltd (No. 5) [2013] NSWIRComm 99 Orr v Cobar Management Pty Ltd [2020] NSWCCA 220 Orr v Hunter Quarries Pty Ltd (No. 2) [2020] NSWDC 307 Orr v Hunter Quarries Pty Ltd [2019] NSWDC 634 Category: Procedural rulings Parties: Stephen James Orr (Prosecutor) Hunter Quarries Pty Ltd (Defendant) Representation: Counsel: K Nomchong SC with C Magee (Prosecutor) J Glissan QC (Defendant)