NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Vierow v LBJ Crane & Rigging Pty Ltd [2003] NSWIRComm 152 PROSECUTOR Inspector Maurice Vierow PARTIES : DEFENDANT LBJ Crane & Rigging Pty Limited FILE NUMBER: IRC183 of 2002 CORAM: Peterson J CATCHWORDS : Occupational health and safety - Dogman killed when struck by train while working on railway line - No appearance by defendant on issue of liability - Matter proceeded ex parte - Reasons therefor - Whether proceedings commenced within 2 year limitation period - Whether elements of the offence made out - Liability found - Defendant to be given opportunity to be heard on penalty. LEGISLATION CITED : Occupational Health and Safety Act 1983 Summary Court (Summary Jurisdiction) Act 1967 CASES CITED : Inspector Sharpin v Enpro Engineering Pty Limited [2002] NSWIRComm 211 Page v Walco Hoist Rentals Pty Limited (1999) 87 IR 286 HEARING DATES: 11/04/2002 DATE OF JUDGMENT: 05/16/2003
PROSECUTOR Mr P M Skinner of counsel
SOLICITOR LEGAL REPRESENTATIVES: WorkCover Authority of New South Wales SYDNEY.
JUDGMENT: - 10 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
IN COURT SESSION
CORAM: PETERSON J
DATE: 16 MAY 2003
Matter No IRC183 of 2002
INSPECTOR MAURICE VIEROW v LBJ CRANE & RIGGING PTY LIMITED
Prosecution under s15(1) of the Occupational Health and Safety Act 1983 JUDGMENT
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