NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Green v Barclay Mowlem Construction Pty Ltd [2004] NSWIRComm 69 APPELLANT Inspector Ritchie Green PARTIES : RESPONDENT Barclay Mowlem Construction Pty Ltd FILE NUMBER: IRC 3833 of 2003 CORAM: Wright J President; Walton J Vice-President; Haylen J CATCHWORDS : Appeal - Occupational Health and Safety - Prosecution appeal - Sentencing - No error found - Approach to be adopted in Crown appeals - Appeal dismissed LEGISLATION CITED : Occupational Health and Safety Act 1983 s51A CASES CITED : Inspector Ritchie Green v Barclay Mowlem Construction Pty Ltd [2003] NSWIRComm 197 Inspector Buggy v Weathertex Pty Ltd [2003] NSWIRComm 273 HEARING DATES: 03/19/2004 EXTEMPORE JUDGMENT DATE : 03/19/2004
APPELLANT Mr M P Cahill of counsel Solicitors: Moray & Agnew (Mr P Thompson) LEGAL REPRESENTATIVES: RESPONDENT Mr R Reitano of counsel Solicitors: Corrs Chambers Westgarth (Mr A Korbel)
JUDGMENT:
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
FULL BENCH CORAM: WRIGHT J, President WALTON J, Vice-President HAYLEN J Friday 19 March 2004
Matter No IRC 3833 of 2003
INSPECTOR RITCHIE GREEN v BARCLAY MOWLEM CONSTRUCTION PTY LTD Application by Inspector Ritchie Green for leave to appeal and appeal against a decision of Justice Boland given on 26 June 2003 in Matter No IRC 996 of 2002
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