NSW Caselaw
District Court New South Wales
Medium Neutral Citation: SafeWork NSW v Prime Marble & Granite Pty Ltd [2024] NSWDC 17 Hearing dates: 2 February 2024 Date of orders: 13 February 2024 Decision date: 13 February 2024 Jurisdiction: Criminal Before: Russell SC DCJ Decision: In proceedings 2023/103537: (1) Dismiss the defendant's Notice of Motion filed on 4 December 2023. (2) The exhibits are returned. In proceedings 2023/103574: (1) Dismiss the defendant's Notice of Motion filed on 4 December 2023. (2) The exhibits are returned. Catchwords: LIMITATION PERIOD – whether prosecutions under Work Health and Safety Act 2011 have been brought within 2-year limitation period Legislation Cited: Work Health and Safety Act 2011, ss 19, 30, 32, 232(1)(a) Work Health and Safety Regulation 2017, Sch 14 Cases Cited: Witheyman v Van Riet [2008] QCA 168 Category: Procedural rulings Parties: SafeWork NSW (Prosecutor) Prime Marble & Granite Pty Ltd (Defendant) Representation: Counsel: C Magee (Prosecutor) R Pontello SC (Defendant)
Solicitors: Department of Customer Service (Prosecutor) KDA Legal (Defendant) File Number(s): 2023/103537; 2023/103574
Judgment
Introduction 1. This interlocutory judgment concerns a Motion dated 4 December 2023, filed in each matter, by which the defendant seeks an order dismissing the proceedings. Put shortly, the defendant submits that the prosecution case has been brought out of time.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate