WorkCover Authority of New South Wales (Inspector Rodney Dubois) v Coffey Partners International Pty Ltd. [2004] NSWIRComm 373

Industrial Relations Commission of New South Wales in Court Session

CITATION : WorkCover Authority of New South Wales (Inspector Rodney Dubois) v Coffey Partners International Pty Ltd. [2004] NSWIRComm 373 PARTIES : WorkCover Authority of New South Wales (Inspector Dubois) v Coffey Partners International Pty Ltd. FILE NUMBER: IRC 5705 of 1999 CORAM: Haylen J CATCHWORDS : Occupational Health and Safety Act 1983 - s 16(1) - defendant providing geotechnical advice for construction of railway link to Sydney airport - construction and design of cofferdam in Cooks River responsibility of other corporations - allegation of failure to assess strength of sandstone to support cofferdam walls - defendant carried out extensive testing and assessments of geotechnical nature - prosecution case expands beyond strict terms of particulars - evidence demonstrates that defendant did make appropriate assessments of strength of sandstone - assessments provided to designer and construction company - expert evidence does not call into question appropriateness of investigation and advice provided by defendant - prosecution case not made out on the evidence - prosecution dismissed HEARING DATES: 05/20/2002; 05/21/2002; 05/22/2002; 05/23/2002; 05/27/2002; 05/28/2002; 05/29/2002; 05/30/2002; 05/31/2002; 02/13/2003; 02/17/2003; 02/18/2003; 02/24/2003; 02/25/2003; 03/04/2003; 03/05/2003; 07/11/2003; 07/23/2003; 11/17/2003; 11/18/2003; 02/11/2004; 02/12/2004; 02/13/2004; 09/28/2004 DATE OF JUDGMENT: 12/06/2004

PROSECUTOR: Mr P Skinner of counsel SOLICITORS: Moray & Agnew LEGAL REPRESENTATIVES: DEFENDANT: Mr R M Goot SC and Mr A Ridley of counsel SOLICITORS: Minter Ellison