NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Morrison v Powercoal Pty Ltd [2003] NSWIRComm 342 PROSECUTOR Rodney Dale Morrison
PARTIES : DEFENDANT IN IRC6372 AND 6376 OF 2001 Powercoal Pty Limited
DEFENDANT IN IRC6375 AND 6377 OF 2001 Peter Lamont Foster FILE NUMBER: IRC6372 and 6376 of 2001 CORAM: Peterson J CATCHWORDS : Occupational health and safety - s15(1) and s50(1)- Collapse of roof in coalmine - Pillar stripping in second workings - Indicia of poor roof - Whether offence made out as to system for assessing the safety of the roof - Whether offence made out in relation to a failure to record and notify faulty roof discovered in first workings - No offences made out - Charges dismissed. LEGISLATION CITED : Occupational Health and Safety Act 1983 ss 15(1) Evidence Act 1995 WorkCover Authority of New South Wales v Howard & Sons Fireworks Spectaculars Pty Limited [2000] NSWIRComm 211, 31 October 2000, unreported WorkCover Authority of New South Wales v Arbor Products International (Australia) Pty Limited (2001) 105 IR 81 CASES CITED : WorkCover Authority of NSW (Inspector Twynam-Perkins) v Maine Lighting Pty Limited (1995) 100 IR 248 Dunlop Rubber Australia Ltd v Buckley (1952) 87 CLR 313 at 320 Smithwick v National Coal Board (1950) 2 KB 335 HEARING DATES: 03/17/2003; 03/18/2003; 03/19/2003; 03/20/2003; 03/21/2003; 03/24/2003; 03/25/2003; 03/26/2003; 03/27/2003; 03/28/2003; 03/31/2003; 04/01/2003; 04/02/2003; 04/03/2003; 04/04/2003 DATE OF JUDGMENT: 11/21/2003
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