NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Tieman Industries Pty Limited v Inspector Littley [2005] NSWIRComm 127
Appellant Tieman Industries Pty Limited PARTIES: Respondent Inspector Littley
FILE NUMBER(S): 4185 of 2004
CORAM: Walton J Vice-President; Marks J; Backman J
CATCHWORDS: Appeal - occupational health and safety - s196 of the Industrial Relations Act 1996 - leave not required - penalty manifestly excessive - no specific error identified in the sentencing remarks - appeal upheld - appellant resentenced - costs
Fines Act 1996 LEGISLATION CITED: Occupational Health and Safety Act 1983
Dinsdale v The Queen (2002) 202 CLR 321 Inspector Littley v Tieman Industries Pty Ltd [2004] NSWIRComm 130 CASES CITED: WorkCover Authority of New South Wales (Inspector Downie) v Menzies Property Services Pty Ltd [2004] 136 IR 449 Workcover Authority of New South Wales Inspector Dawson v PlastaChem Pty Ltd and Others (2001) 110 IR 351
HEARING DATES: 04/15/2005 EXTEMPORE JUDGMENT DATE: 04/15/2005
Appellant: Mr C. Barton Solicitors: Freehills LEGAL REPRESENTATIVES: Respondent: Mr P. Skinner of Counsel Solicitors: Phillips Fox
JUDGMENT:
- 4 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
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