NSW Caselaw
District Court New South Wales
Medium Neutral Citation: SafeWork NSW v Pendle Ham & Bacon Curers Pty Ltd [2024] NSWDC 395 Hearing dates: 25, 25, 27 and 28 March 2024 Date of orders: 2 September 2024 Decision date: 02 September 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) The transcript of the recorded interview between Inspectors Ball and Barry of SafeWork NSW and Michael Zammit conducted on 22 September 2021 is excluded. Catchwords: EVIDENCE —Admissibility of evidence CRIMINAL LAW – work health and safety - objection to tender of record of interview Legislation Cited: Evidence Act 1995 Partnership Act 1892 Work Health and Safety Act 2011 Cases Cited: Galvin v R [2006] NSWCCA 66 GPI Leisure Corp Pty Ltd v Herdsman Investments Pty Ltd (No 3) (1990) 20 NSWLR 15 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531 Category: Procedural rulings Parties: SafeWork NSW (Prosecutor) Pendle Ham & Bacon Curers Pty Ltd (Defendant) Pendle Ham and Bacon Pty Ltd (Defendant) PHBC LH Pty Ltd (Defendant) Michael Zammit (Defendant) Representation: Counsel: B Docking (Prosecutor) I Taylor SC / M Shume (Defendants)
Solicitors: Legal, Department of Customer Service (Prosecutor) Hall & Wilcox (Defendants) File Number(s): 2023/160812 and 2023/160871 Pendle Ham & Bacon Curers Pty Ltd
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