NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Ross Wolf v Rockdale Beef Pty Ltd [2005] NSWIRComm 184
PROSECUTOR: Inspector Ross Wolf
PARTIES: DEFENDANT: Rockdale Beef Pty Ltd (ACN 003 789 991)
FILE NUMBER(S): IRC 6128 of 2003
CORAM: Schmidt J
Occupational Health and Safety - prosecution under section 8(2) of the Occupational Health and Safety Act 2000
CATCHWORDS: Practice and Procedure - stated case - section 5AE of the Criminal Appeal Act 1912 - questions raised by prosecution - factual foundation for the stated case absent - stated case confined to questions of law - need for questions to be framed with particularity - no general right of appeal - need to express relevant findings of fact in stated case and to provide relevant parts of the evidence - under section 5AE stated case available prior to completion of proceedings - proceedings here not yet complete - questions to be reframed and factual foundation of stated case to be formulated - costs reserved
Criminal Appeal Act 1912 Industrial Relations Act 1996 LEGISLATION CITED: Occupational Health and Safety Act 2000
Alexander William Madden (1995) 85 A Crim R 367 Environment Protection Authority of NSW v Goulburn Wool Scour Pty Ltd [2004] NSWCCA 439 Environment Protection Authority v Land and Environment Court of New South Wales [2004] NSWCA 50 Inspector Ross Wolf v Rockdale Beef Pty Limited and Others [2004] NSWIRComm 244 Inspector Ross Wolf v Rockdale Beef Pty Limited [2005] NSWIRComm 163 CASES CITED: Inspector Ross Wolf v Rockdale Beef Pty Limited [2005] NSWIRComm 169 Inspector Ross Wolf v Rockdale Beef Pty Limited [2005] NSWIRComm 171 Morrison v Joy Manufacturing Co Pty Ltd (2004) 137 IR 8 Morrison v Peacock, Morrison v Roslyndale Shipping Co Pty Ltd (Unreported, Pearlman J, Land and Environment Court, 10 and 12 December 1999, 1 March 2000) State Pollution Control Commission v Aerosols of Australia Pty Ltd (Unreported, 13 November 1991, Court of Criminal Appeal)
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