NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Schultz v Leonard J Williams (Timber) Pty Ltd [2002] NSWIRComm 165 PROSECUTOR Inspector Arthur Schultz PARTIES : DEFENDANT Leonard J Williams (Timber) Pty Ltd FILE NUMBER: IRC4503 of 2000 CORAM: Peterson J CATCHWORDS : Occupational health and safety - s16(1) - penalty - plea of not guilty - financial state of the defendant - subjective features - assessment of penalty. LEGISLATION CITED : Occupational Health and Safety Act 1983 - s16(1) CASES CITED : Independent Cargo and Wool Services Pty Ltd v Inspector F P Mingare, Industrial Court of NSW, 10 March 1994, unreported. HEARING DATES: 04/24/2002 DATE OF JUDGMENT: 07/19/2002
PROSECUTOR Mr M P Cahill of counsel
SOLICITOR Phillips Fox SYDNEY. LEGAL REPRESENTATIVES: DEFENDANT Mr D P Robinson of counsel
SOLICITOR Fishburn Watson O'Brien COFFS HARBOUR.
JUDGMENT: - 5 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
IN COURT SESSION
CORAM: PETERSON J
DATE: 19 JULY 2002
Matter No IRC 4503 of 2000
INSPECTOR ARTHUR SCHULTZ v LEONARD J WILLIAMS (TIMBER) PTY LTD
Prosecution under s.16(1) of the Occupational Health and Safety Act 1983 JUDGMENT AS TO PENALTY
1 By judgment given on 9 November 2001 the defendant, Leonard J Williams (Timber) Pty Ltd, was the subject of a finding that a charge brought by the prosecutor on behalf of the WorkCover Authority of New South Wales had been proven. This judgment concerns the issue of penalty which has now been the subject of further hearing.
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