NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Morrison v ACR Maintenance Pty Limited and anor [2003] NSWIRComm 222 PROSECUTOR IN MATTER IRC02/3306 AND IRC02/3307 Rodney Dale Morrison
DEFENDANT IN MATTER IRC02/3306 PARTIES : ACR Maintenance Pty Limited
DEFENDANT IN MATTER IRC02/3307 Australian Crusher Repairs Pty Limited
FILE NUMBER: IRC3306 & 3307 of 2002 CORAM: Peterson J CATCHWORDS : Occupational health and safety - ss15(1) and 17(1) - Pleas of guilty - Employee crushed when heavy equipment toppled over - Two defendants are related companies charged in relation to one source of risk - Principle of totality applied in assessing penalty - Discount - Penalty imposed. LEGISLATION CITED : Occupational Health and Safety Act 1983 ss15 17 Inspector Twynham-Perkins v Maine Lighting per Bauer J (1995) 100 IR 248 CASES CITED : Drake Personnel Ltd t/as Drake Industrial v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 432 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1990) 90 IR 464 R D Morrison v GPR [2003] NSWIRComm 56 HEARING DATES: 06/02/2003 DATE OF JUDGMENT: 07/18/2003
PROSECUTOR Mr M K Scott of counsel
SOLICITOR Department of Mineral Resources of New South Wales.
LEGAL REPRESENTATIVES: DEFENDANT Mr R S Warren of counsel
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