Solo Waste Aust. Pty. Limited v Inspector McDonald [2005] NSWIRComm 106

Industrial Relations Commission of New South Wales in Court Session

CITATION: Solo Waste Aust. Pty. Limited v Inspector McDonald [2005] NSWIRComm 106

Appellant: Solo Waste Aust. Pty. Limited PARTIES: Respondent: Inspector McDonald

FILE NUMBER(S): IRC4994 of 2004

CORAM: Wright J President; Walton J Vice-President; Backman J

CATCHWORDS: Appeal - Occupational health and safety - s196 of the Industrial Relations Act 1996 - leave not required - corporate trustee administering two trusts - conviction for offence in relation to the Solo Waste Trust - previous conviction for an offence in relation to the Rico Family Trust - whether appellant a previous offender under s51A of the Occupational Health and Safety Act 1983 - nature of a trust - not a legal entity but an arrangement for administration of property vested in a trustee and held by trustee on behalf of other for a particular purpose - rights of trustee to indemnify itself against liabilities incurred in relation to Solo Waste Trust - appellant a previous offender under s51A - no error discerned at first instance - appeal dismissed - costs.

Industrial Relations Act 1996 s196 Occupational Health and Safety Act 1983 s15 s16 s51A LEGISLATION CITED: Trustee Act 1925 s59(4) Interpretation Act 1987 s21

Inspector McDonald v Solo Waste Aust. Pty. Limited [2004] NSWIRComm 211 Hardoon v Belilios [1901] AC 118 CASES CITED: Nick Kritharas Holdings Pty Ltd (In Liq) v Gatsios Holdings Pty Ltd [2001] NSWSC 343 Transport Workers' Union Of Australia (New South Wales Branch) v Leon Laidley Pty Ltd (1980) 42 FLR 168 WorkCover Authority of New South Wales (Inspector Dawson) v Plastachem Pty Ltd and Others (2001) 110 IR 351