NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : WorkCover Authority of NSW (Inspector Buggy) v Newcastle Port Corporation [2001] NSWIRComm 251 PROSECUTOR WorkCover Authority of New South Wales (Inspector Neil Buggy) PARTIES : DEFENDANT Newcastle Port Corporation FILE NUMBER: IRC4523 of 1999 CORAM: Peterson J CATCHWORDS : Occupational health and safety - s17(1)(a) - plea of guilty - defendant leasing common user wharf - sub-lessee stacking half containers by forklift - truck driver crushed between containers - assessment of penalty - consistency - gravity of offence - fine imposed. LEGISLATION CITED : Occupational Health and Safety Act 1983 R v Morgan (1993) 70 A Crim R 368 at 371 CASES CITED : Capral Aluminium Limited v WorkCover Authority of New South Wales (2000) 99 IR 29 at 56-7 Mainbrace Constructions Pty Ltd v WorkCover Authority of New South Wales (2000) 102 IR 84 at 104-6 R v Thompson, R v Houlton (1999-2000) 49 NSWLR 383 at 417 HEARING DATES: 06/14/2001 DATE OF JUDGMENT: 10/12/2001
PROSECUTOR Mr P M Skinner of counsel
SOLICITOR Legal Services Branch, WorkCover Authority of NSW SYDNEY. LEGAL REPRESENTATIVES: DEFENDANT Mr R S Warren of counsel
SOLICITOR Rankin & Nathan Solicitors NEWCASTLE.
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