NSW Caselaw
District Court New South Wales
Medium Neutral Citation: SafeWork NSW v BSA Limited [2021] NSWDC 710 Hearing dates: 16 December 2021 Date of orders: 23 December 2021 Decision date: 23 December 2021 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) Grant leave to the prosecutor to amend Annexure A to the Summons filed on 9 December 2020 in respect of particulars 9(g) and 9(h) in the terms of Attachment A to the Notice of Motion filed on 19 November 2021. (2) Order the prosecutor to pay the defendant's costs thrown away by reason of vacation of the hearing on 25 November 2021, on an indemnity basis. (3) Order each party to pay its own costs of the prosecutor's Notice of Motion filed on 19 November 2021. Catchwords: CRIMINAL PROCEDURE – application to amend Summons – adequate explanation – unfair prejudice – fair trial – stage of proceedings – costs Legislation Cited: Criminal Procedure Act 1985 (NSW), ss 15, 16(2), 20, 21, 63A, 247 Work Health and Safety Act 2011 (NSW), s 19(1), 32, 155 Cases Cited: R v Basha (1989) 39 A Crim R 337 R v Lykouras [2005] NSWCCA 8 R v Sepulveda [2003] NSWCCA 131 Rajendran v R [2010] NSWCCA 322 SafeWork NSW v Solveco Pty Ltd (No. 1) [2021] NSWDC 298 Category: Procedural rulings Parties: SafeWork NSW (Prosecutor) BSA Limited (Defendant) Representation: Counsel: J Agius SC (Prosecutor) A Moses SC with M Shume (Defendant)
Solicitors: SafeWork NSW (Prosecutor) Seyfarth Shaw LLP File Number(s): 2020/351444
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