NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Jones v T Helsby & Sons Contracting Pty Ltd (No 2) [2004] NSWIRComm 57 PROSECUTOR Inspector Steve Jones PARTIES : DEFENDANT T Helsby & Sons Contracting Pty Ltd (Administrator appointed) FILE NUMBER: IRC 897 of 2002 CORAM: Boland J CATCHWORDS : Occupational Health and Safety - Prosecution under section 16 (1) of the Occupational Health and Safety Act 1983 - Company under administration - Use of concrete cutting machine in enclosed space - Carbon monoxide - Large number of persons affected - No appearance by defendant - Hearing ex parte - Penalty imposed LEGISLATION CITED : Occupational Health and Safety Act 1983 Inspector Jones v T Helsby & Sons Contracting Pty Ltd (Administrator appointed) [2004] NSWIRComm 5 Inspector Hannah v Wonar Pty Limited (unreported, Fisher CJ, Glynn and Cullen JJ, 30 June 1992) CASES CITED : Lawrenson Diecasting Pty Ltd v WorkCover Authority of NSW (Inspector Ch'ng) (1999) 90 IR 464 Ridge Consolidated Pty Ltd v WorkCover Authority of New South Wales (Inspector Mauger) (2002) 115 IR 78 WorkCover Authority of New South Wales (Inspector Page) v Walco Hoist Rentals Pty Ltd (No 2) (2000) 99 IR 163 Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610, 99 IR 29 HEARING DATES: 03/01/2004 DATE OF JUDGMENT: 03/19/2004
PROSECUTOR Mr R Reitano of counsel Solicitor: Ms M Simpson LEGAL REPRESENTATIVES: Phillips Fox
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