NSW Caselaw
District Court New South Wales
Medium Neutral Citation: SafeWork NSW v Western Sydney Local Health District [2023] NSWDC 491 Hearing dates: 02 November 2023 Date of orders: 15 November 2023 Decision date: 15 November 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) Grant leave to the prosecutor to file an Amended Summons in the form of the draft that was the subject of the argument on 2 November 2023, subject to any further amendment consistent with this judgment. (2) The prosecutor is to file the Amended Summons within 7 days of the date of publication of this judgment. (3) The defendant's Notice of Motion is dismissed. (4) Until further order, the matter is to be judicially managed by me. (5) I will list the matter for directions before me on Wednesday 29 November 2023 at 10.00am. Catchwords: CRIME – pleading – particulars – sufficiency - the use of the "and/or" conjunction Legislation Cited: Criminal Procedure Act 1986 District Court Rules 1973 Work Health and Safety Act 2011 Cases Cited: Baiada Poultry Pty Ltd v Glenister [2015] VSCA 344 Borodin v R [2006] NSWCCA 83. Director of Public Prosecutions v Vibro-Pile (Aust) Pty Ltd (2016) 49 VR 676 Fadden v Federal Commissioner of Taxation (1943) 68 CLR 76 Johnson v Miller (1937) 59 CLR 467 Millen v Grove [1945] VLR 259 Moage Ltd (in liquidation) v Joseph Grant Jagelman and Others [1998] FCA 296 R v Sepulveda [2003] NSWCCA 131 R v Stuart NSWCCA unreported 8 March 1996 Rajendran v R [2010] NSWCCA 322 S v The Queen (1989) 168 CLR 266 St Clair v Timtalla Pty Ltd and another (No 2) [2010] QSC 480 Tangerine Confectionery Ltd and Veolia ES (UK) Ltd v R [2011] EWCA Crim 2015 Veysey v R (2011) 33 VR 277 Texts Cited: SafeWork NSW, Managing psychosocial hazards at work, Code of Practice, May 2021 Category: Procedural rulings Parties: SafeWork NSW (Prosecutor) Western Sydney Local Health District (Defendant) Representation: Counsel: D Jordan SC with B Docking (Prosecutor) B Hodgkinson SC with E Aitken (Defendant)
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