NSW Caselaw
District Court New South Wales
Medium Neutral Citation: SafeWork NSW v Edstein Creative Pty Ltd [2022] NSWDC 117 Hearing dates: 11 April 2022 Date of orders: 14 April 2022 Decision date: 14 April 2022 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) Order that the Summons be stayed until such time as the prosecutor properly particularises the allegations going to: (a) When it is alleged that the offence was committed (b) Where it is alleged that the offence was committed (c) The identity of each worker said to have been exposed to the pleaded risk. (2) Order each party to pay its own costs of the defendant's Notice of Motion. (3) Stand the proceedings over to the Work Health and Safety directions list at 9.30am on 2 May 2022. Catchwords: CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury
CRIMINAL PROCEDURE – whether proceedings brought outside limitation period – whether particulars of offence are adequate Legislation Cited: Work Health and Safety Act 2011 (NSW) ss 8, 19, 32, 232 Cases Cited: Director-General of the Department of Land and Water Conservation v Greentree & Anor [2003] NSWCCA 31 Sloggett v Adams (1953) 70 WN (NSW) 206 Category: Procedural rulings Parties: SafeWork NSW (Prosecutor) Edstein Creative Pty Ltd (Defendant) Representation: Counsel: I Taylor SC and C Magee (Prosecutor) B Hodgkinson SC and P Barry (Defendant)
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