NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: WorkCover Authority of New South Wales (Inspector Waterhouse) v Paterson Wholohan Grill Pty Limited [2005] NSWIRComm 413
PROSECUTION: WorkCover Authority of New South Wales (Inspector Waterhouse) PARTIES: DEFENDANT: Paterson Wholohan Grill Pty Limited
FILE NUMBER(S): 241 of 2005
CORAM: Staunton J
CATCHWORDS: Occupational health and safety - plea of not guilty - reckoning of time for filing of summons - s36 of the Interpretation Act considered - held summons filed out of time - issue of whether the offence alleged occurred at the defendant's place of work - held relying on defendant's failure as alleged by prosecutor and given the facts and cirucmstances would establish the workplace identified as the defendants place of work - held prosecution failed to establish beyond reasonable doubt the defendant's alleged failure as particularised - summons dismissed - order as to costs.
Interpretation Act 1987 LEGISLATION CITED: Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000
Coombs v Patrick Stevedores Holdings Pty Limited [2002] 118 IR 401 Cullen v State Rail Authority of NSW (1989) 31 IR 207 Drake Personnel t/a Drake Industrial v WorkCover Authority of New South Wales (1999) 90 IR 432 Haynes v C.I & D Manufacturing Pty Limited (1994) 60 IR 149 Inspector Clark v W L Meinhardt & Partners Pty Limited (Unreported) Matter No's IRC 1212 and 1213 of 1990: 30 June 1992 Italo Australia Construction Pty Limited v Parkes (1988) 24 IR 428 CASES CITED: McMartin v Broken Hill Proprietary Co Limited (1988) 100 IR 241 Shannon v Comalco Aluminium Ltd (1986) IR 358 State Rail Authority of New South Wales v Dawson (1990) 37 IR 110 WorkCover Authority of New South Wales (Inspector Campbell) v James Gordon Hitchcock [2004] NSWIRComm 87 WorkCover Authority of New South Wales (Inspector Jorgenson) v Christopher John O'Keeffe and C J & S J O'Keeffe Building Pty Ltd (2004) NSWIRComm 397 WorkCover Authority of New South Wales (Inspector Webb) v Nowra Truck & Farm Equipment (Holdings) Pty Limited and ors [2003] NSWIRComm 340 WorkCover Authority of New South Wales (Inspector Wilson) v Chubb Security Australia Pty Limited [2005] NSWIRComm 263
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