Manpac Industries Pty Ltd (formerly t/as Pacific Concrete & Quarries Pty Ltd) v WorkCover Authority of New South Wales (Inspector Glass) [2001] NSWIRComm 190

Industrial Relations Commission of New South Wales in Court Session

CITATION : Manpac Industries Pty Ltd (formerly t/as Pacific Concrete & Quarries Pty Ltd) v WorkCover Authority of New South Wales (Inspector Glass) [2001] NSWIRComm 190 APPELLANT Manpac Industries Pty Limited (formerly t/as Pacific Concrete & Quarries Pty Limited) PARTIES : RESPONDENT WorkCover Authority of New South Wales (Inspector Frank Glass) FILE NUMBER: IRC 2317 of 2000 CORAM: Wright J President; Walton J Vice-President; Hungerford J Appeal - Against conviction and sentence - Breach of occupational health and safety legislation - Plea of guilty - Amendment of name of defendant - Application for leave to withdraw plea - Whether correct defendant - Whether "substitution" of new entity outside time limitation period - Whether a misnomer or misdescription as opposed to misjoinder - Correction of originating summons to cure a defect in substance or in form - Discretion to allow withdrawal of plea - Quantum of fine - Whether manifestly excessive - Nature of appeal as a rehearing on the original evidence - Principles on appeal - Application to admit additional evidence on appeal - Appeal upheld in part.

CATCHWORDS : Occupational Health and Safety - Failure to ensure health, safety and welfare at work of an employee - Transportation on a truck of an unsafely secured load - Load broke restraints crushing cabin of truck - Fatal injury to driver - Inadequate restraints - Inadequate supervision, training and instruction of employee - Plea of guilty - Application to withdraw plea - Alleged misjoinder of defendant - Whether a misnomer or misdescription - Amendment of summons to correct a defect in name of defendant - Leave refused for withdrawal of plea - Conviction entered - Fine imposed.