NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: WorkCover Authority of New South Wales (Inspector Green) v Giannikouris [2005] NSWIRComm 229
PROSECUTION WorkCover Authority of New South Wales (Inspector Green) PARTIES: DEFENDANT Paul Giannikouris
FILE NUMBER(S): 4237 of 2003
CORAM: Marks J
CATCHWORDS: Occupational Health and Safety Act prosecution - plea of guilty - nature and extent of role of individual defendant where a corporate defendant is charged with offences arising from the same incident - culpability of defendant held to be at lower end of scale - employment of competent persons to perform managerial day to day functions partly discharged defendant's obligations - subjective mitigating factors - fines borne by corporate defendants impacted upon individual defendant as substantial shareholder.
LEGISLATION CITED: Occupational Health and Safety Act 1983 s 50(1)
Inspector Green (WorkCover) v Metropolitan Administrative Services Pty Ltd, Inspector Green (WorkCover) v Metropolitan Demolitions and Recycling Pty Ltd, Inspector Green (WorkCover) v Giannikouris [2005] NSWIRComm 12 CASES CITED: WorkCover Authority of New South Wales (Inspector Page) v Walco Hoist Rentals Pty Ltd & Anor (No.2) (2000) 99 IR 163
HEARING DATES: 12/08/2004; 12/09/2004; 07/05/2005
DATE OF JUDGMENT: 07/20/2005
PROSECUTOR Mr Agius SC with Ms L M McMannus Solicitor: Abha Devasia WorkCover Authority of New South Wales LEGAL REPRESENTATIVES:
DEFENDANT Mr J Phillips SC Solicitor: Theresa Sukkar Bowen & Gerathy
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