NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Yeung v DJD Masonry Contractors [2003] NSWIRComm 236 PROSECUTOR Inspector Thomas Yeung PARTIES : DEFENDANT DJD Masonry Contractors Pty Ltd FILE NUMBER: IRC 2886 of 2002 CORAM: Boland J CATCHWORDS : Occupational Health & Safety Act - Prosecution under section 15(1) of the Occupational Health and Safety Act 1983 - Worker injured when fell three levels through an opening in concrete floor - Early plea of guilty - Offence proven - Penalty imposed LEGISLATION CITED : Occupational Health and Safety Act 1983 Albury City Council (1999) 90 IR 397 Camilleri's Stock Feeds Pty Limited v Environment Protection Authority (1993) 32 NSWLR 683 Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610, 99 IR 29 CASES CITED : Department of Mineral Resources of NSW (McKensey) v Kembla Coal & Coke Pty Limited (1999) 92 IR 8 Hannah v Wonar Pty Limited (unreported, Fisher CJ, Glynn and Cullen JJ, Matter No. 1214 of 1990, 30 June 1992) Nesmat Pty Limited v WorkCover Authority (NSW) (1998) 87 IR 312 WorkCover Authority of New South Wales (Inspector Page) v Walco Hoist Rentals Pty Ltd (No 2) (2000) 99 IR 163 HEARING DATES: 07/14/2003 DATE OF JUDGMENT: 07/30/2003
PROSECUTOR Mr D B O'Neil of counsel Solicitor: Mr J O'Connell WorkCover Authority LEGAL REPRESENTATIVES: DEFENDANT Mr G M Galluzzo of counsel Solicitor: Mr T Plummer Morgan & Agnew
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