NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Brooks v Standfast Tree Service Pty Ltd. [2003] NSWIRComm 178 PROSECUTOR: PARTIES : Inspector William Brooks DEFENDANT: Standfast Tree Services Pty Ltd. FILE NUMBER: IRC 7888 of 2001 CORAM: Haylen J CATCHWORDS : Occupational Heath and Safety Act, 1983 - s 15(1) - alleged failure to provide and maintain safe plant and safe system of work - use of woodchipper machine - defendant in liquidation - limited evidence as to particlars of plant aspect of charge - charge not made out - evidence in relation to unsafe system supports finding of guilt - direct evidence of senior manager and staff ignoring system of safety otherwise laid down - defendant found guilty of breach of Act Jones v Dunkel (1959) 101 CLR 295 CASES CITED : WorkCover Authority of New South Wales (Inspector Bultitude) v Grice Constructions Pty Ltd (2002) 115 IR 59
HEARING DATES: 03/31/2003 DATE OF JUDGMENT: 06/06/2003
PROSECUTOR: Mr R Reitano of counsel SOLICITOR: Mr G. Phillips Carroll & O'Dea LEGAL REPRESENTATIVES: DEFENDANT: Mr P Macken, solicitor Leigh Virtue and Associates
JUDGMENT: - 27 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
CORAM: HAYLEN J
6 June 2003 Matter No. IRC 7888 of 2001 Inspector William Brooks v Standfast Tree Services Pty Ltd. Prosecution under s 15(1) of Occupational Health and Safety Act 1983 JUDGMENT [2003] NSWIRComm 178
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