NSW Caselaw
District Court New South Wales
Medium Neutral Citation: SafeWork NSW v Astute Earth Works Pty Ltd [2023] NSWDC 12 Hearing dates: 3 February 2023 Date of orders: 6 February 2023 Decision date: 06 February 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) Pursuant to s 5B Evidence (Audio and Audio Visual Links) Act 1998, I direct that the witness Kugenthiran Arumugam's evidence be taken by audio visual link from Sri Lanka. Catchwords: EVIDENCE – Character evidence - taking evidence and submissions from outside courtroom or place where court is sitting—proceedings generally Legislation Cited: Evidence (Audio and Audio Visual Links) Act 1998 Work Health and Safety Act 2011 Cases Cited: Anton v Bokan (No 2) [2019] NSWCA 250 B v Dentists Disciplinary Tribunal [1994] 1 NZLR 95 Bayer AG v Minister for Health of the Commonwealth of Australia (1988) 96 FLR 50 Laporte Group Australia Ltd v Vatselias (unreported, 15 November 1991, NSWSC, Young J) R v Ngo (2003) 57 NSWLR 53 R v Wilkie [2005] NSWSC 794 Sunstate Airlines (Qld) Pty Ltd v First Chicago Australia Securities Ltd (unreported, 11 March 1997, NSWSC, Giles CJ Comm D) Category: Procedural rulings Parties: SafeWork NSW v Astute Earth Works Pty Ltd Representation: Counsel: M Cahill (Prosecutor) M Sahade (Defendant)
Solicitors: Legal, Corporate Services, Department of Customer Service (Prosecutor) Sadek Lawyers (Defendant) File Number(s): 2021/234801 2021/234811 Publication restriction: None
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