NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Khawar v WorkCover Authority of New South Wales [2004] NSWIRComm 89 APPELLANT: Saeed Khawar PARTIES : RESPONDENT: WorkCover Authority of New South Wales FILE NUMBER: IRC 4986 of 2003 CORAM: Wright J President; Walton J Vice-President; Schmidt J CATCHWORDS : Appeal - WorkCover - Appeal from decision of Chief Industrial Magistrate - Severity of fine - Taxi owner - Failure to produce records upon service of notice by WorkCover Authority - Further evidence - Seriousness of offence - Subjective factors - Penalty reduced - Appeal upheld - Costs. LEGISLATION CITED : Workers Compensation Act 1987 s 155 s 174 Workplace Injury Management and Workers Compensation Act 1998 Schedule 1 CASES CITED : Llandilo Staircases Pty Ltd v WorkCover Authority of New South Wales (Inspector Parsons) (2001) 104 IR 204 WorkCover Authority of New South Wales (Inspector Fester) v Lantry (unreported, Chief Industrial Magistrate, Matter No 94/1163, 9 December 1994) HEARING DATES: 03/31/2004 EXTEMPORE JUDGMENT DATE : 03/31/2004
APPELLANT: Solicitor: Mr L Rattenbry Armstrong Legal
LEGAL REPRESENTATIVES: RESPONDENT: Mr P J Gow of counsel WorkCover Authority of New South Wales (Mr P O'Meally)
JUDGMENT:
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION FULL BENCH
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