NSW Caselaw
District Court New South Wales
Medium Neutral Citation: SafeWork NSW v Southern Meats Pty Ltd [2021] NSWDC 192 Hearing dates: 11 May 2021 Date of orders: 21 May 2021 Decision date: 21 May 2021 Jurisdiction: Criminal Before: Strathdee DCJ Decision: I find that evidence as to steps taken by the defendant after the incident is admissible and I allow the prosecutor to adduce such evidence. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury Legislation Cited: Evidence Act 1995 (NSW) Work Health and Safety Act 2011 (NSW) Cases Cited: Baiada Poultry Pty Ltd v The Queen (2012) 246 CLR 92 Davis v Langdon (1911) 115R (NSW) 149 Poletti Corporation Pty Ltd v SafeWork NSW (2020) 300 IR 167 SafeWork v McConnell Dowell Constructors (Aust) Pty Limited (No. 3) [2021] NSWDC 105 Silvak v Lurgi (Australia) Pty Ltd (2001) 205 CLR 304 Vitale v The Queen [2020] VSCA 237 Washer v Western Australia (2007) 234 CLR 492 Holmes v RE Spence & Co Pty Ltd (1992) 5 VIR 119 Category: Procedural rulings Parties: SafeWork NSW (Prosecutor) Southern Meats Pty Lt (Defendant) Representation: Mr B Hodgkinson SC and Mr N Read, Counsel for the Prosecutor Mr M Cahill, Counsel for the Defendant
Solicitors: Department of Customer Service (for the Prosecutor) Ms Carnell, Norton Rose Fulbright (for the Defendant) File Number(s): 2018/00046892
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