NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Elizabeth Benbow v Mirotone Pty Limited [2003] NSWIRComm 95 PROSECUTOR Inspector Elizabeth Benbow PARTIES : DEFENDANT Mirotone Pty Limited ACN 000 041 136 FILE NUMBER: 1176 of 2002 CORAM: Peterson J CATCHWORDS : Occupational Health and Safety - s15(1) - Risk from presence of empty drums - Ignition of gases whilst employee moved welding equipment - Plea of guilty - Penalty imposed LEGISLATION CITED : Occupational Health and Safety Act 1983 Crimes (Sentencing Procedure) Act 1999 WorkCover Authority of New South Wales (Inspector McKenzie) v Waste Recycling and Processing Services of New South Wales (2000) NSWIRComm 218 WorkCover Authority of New South Wales v Waugh (1995) 59 IR 89 at 101 CASES CITED : WorkCover Authority of New South Wales v Profab Industries (2000) 100 IR 64 at 71 Wong v Melinda Group Pty Limited (1998) IR 118 at 113 Independent Cargo Wool Services Pty Ltd v Inspector Mingare (unreported, 10 March 1994) Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (1999) 90 IR 464 HEARING DATES: 09/26/2002 DATE OF JUDGMENT: 04/04/2003
PROSECUTOR Mr D Chin of counsel
SOLICITOR Mr G Henderson Philips Fox LEGAL REPRESENTATIVES: SYDNEY
DEFENDANT Mr D Gardner Cutler Hughes & Harris SYDNEY
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