NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Ian Lancaster v Burnshaw Constructions Pty Ltd [2002] NSWIRComm 319 APPELLANT Inspector Ian Lancaster PARTIES : RESPONDENT Burnshaw Constructions Pty Ltd FILE NUMBER: IRC8590 of 2001 CORAM: Wright J President; Walton J Vice-President; Haylen J CATCHWORDS : Appeal - Appeal re adequacy of sentence - reasonable foreseeability - failure to adequately assess general deterrence - application of wrong principle - remedial steps after accident - penalty manifestly inadequate - penalty imposed - costs reserved. Industrial Relations Act 1996 LEGISLATION CITED : Criminal Appeal Act 1912 Occupational Health and Safety Act 1983 Inspector Lancaster v Burnshaw Constructions Pty Ltd [2001] NSWIRComm 306 CASES CITED : Inspector Batty v Graincorp Operations Ltd [2002] NSWIRComm 49 Department of Mineral Resources of NSW (Insp. McKensey) v Kembla Coal and Coke Pty Ltd (1999) 92 IR 8 WorkCover Authority of NSW (Insp. Bernard) v Rail Infrastructure Corporation (2001) 109 IR 209 HEARING DATES: 08/28/2002 DATE OF JUDGMENT: 11/29/2002
APPELLANT Mr P Skinner of counsel Solicitors: Moray & Agnew (Mr N Correy)
LEGAL REPRESENTATIVES: RESPONDENT Mr J Phillips of counsel Solicitors: DGB Lawyers (Mr P Holmes)
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