NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Page v John Desborough t/as D & T Constructions [2003] NSWIRComm 351 PROSECUTOR Inspector Victor Page PARTIES : DEFENDANT John Wayne Desborough t/as D & T Constructions FILE NUMBER: IRC 1328 of 2003 CORAM: Boland J CATCHWORDS : Occupational Health and Safety - Prosecution under section 16(2) of Occupational Health & Safety Act 1983 - First offence - Building industry - Person injured in fall from a formwork platform onto ground below - Serious injuries sustained - Foreseeability - Plea of guilty - Offence proven - Penalty imposed LEGISLATION CITED : Fines Act 1996 Occupational Health and Safety Act 1983 CASES CITED : Inspector Stewart v Siemans Pty Ltd (formerly Mannesman Dematic Colby Pty Ltd) No 2 [2003] NSWIRComm 45 Inspector Page v Stevens Construction Pty Limited and Alroy Constructions Pty Ltd [2003] NSWIRComm 226 HEARING DATES: 09/30/2003 DATE OF JUDGMENT: 10/24/2003
PROSECUTOR Ms L McManus of counsel Solicitor: Mr J Hanby WorkCover Authority of New South Wales LEGAL REPRESENTATIVES: DEFENDANT Solicitor: Mr G Carsons Conditsis & Associates
JUDGMENT: - 15 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
CORAM: Boland J Friday 24 October 2003
Matter No IRC 1328 of 2003
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