NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : WorkCover Authority of New South Wales (Inspector Paul Wade) v Forgacs Marine Pty Limited [2003] NSWIRComm 224 PROSECUTOR: Inspector Paul Wade PARTIES : DEFENDANT: Forgacs Marine Pty Limited FILE NUMBER: IRC 684 of 2002 CORAM: Staunton J CATCHWORDS : Occupational health and safety - objective seriousness of the offence - obvious or foreseeable risk to safety - potential risk to safety - readily and easily available remediation steps that could have been undertaken by the defendant before the accident to prevent the injury occurring - general financial means of the defendant - defendant convicted - penalty imposed. LEGISLATION CITED : Occupational Health and Safety Act 1983 CASES CITED : Lawrenson Diecasting Pty Limited v WorkCover Authority of New South Wales (1990) 90 IR 464 Capral Aluminium Limited v WorkCover Authority of New South Wales (Inspector Mayo Ramsey) (2000) 99 IR 29 HEARING DATES: 07/01/2003 EXTEMPORE JUDGMENT DATE : 07/01/2003
PROSECUTION: Ms P McDonald of counsel SOLICITORS: Mr J O'Connell Legal Group - WorkCover Authority LEGAL REPRESENTATIVES: DEFENDANT: Mr M Shume of counsel SOLICITORS: Mr J Pomeroy Sparke Helmore
JUDGMENT: - 14 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
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