NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Sharpin v Enpro Engineering Pty Ltd [2002] NSWIRComm 211 PROSECUTOR Inspector John Sharpin PARTIES : DEFENDANT Enpro Engineering Pty Limited FILE NUMBER: IRC4902 of 2000 CORAM: Peterson J CATCHWORDS : Occupational health and safety - alleged breach of s15(1) - representation by counsel withdrawn - no appearance by defendant at trial - decision to proceed ex parte - deceased foreman not established to be employee - charge dealt with under s16(1) - question whether defendant an employer - foreman suffered fatal burn injuries when cutting disused fuel pipe with oxy torch - offence established. Occupational Health and Safety Act 1983 s15 s16 LEGISLATION CITED : Supreme Court (Summary Jurisdiction) Act 1967 Industrial Relations Act 1996 CASES CITED : Hollis v Vabu Pty Ltd t/a Crisis Couriers [2001] HCA 44 (2001) 106 IR 80 Vabu Pty Ltd v Federal Commissioner of Taxation (1996) 81 IR 150 HEARING DATES: 06/24/2002 DATE OF JUDGMENT: 08/23/2002
PROSECUTOR Ms P McDonald of counsel
SOLICITOR Phillips Fox LEGAL REPRESENTATIVES: SYDNEY.
DEFENDANT No appearance
JUDGMENT: - 12 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
IN COURT SESSION
CORAM: PETERSON J DATE: 23 AUGUST 2002
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