NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector David Clyant v Dalway Enterprises Pty Ltd. [2004] NSWIRComm 379 PROSECUTOR: Inspector David Clyant PARTIES : DEFENDANT: Dalway Enterprises Pty Ltd FILE NUMBER: IRC 6248 of 2003 CORAM: Haylen J CATCHWORDS : Occupational Health and Safety Act 2000 - s 10(1) - plea of guilty entered by company responsible for building work - construction work undermines and destabilises adjoining building - failure to provide adequate supervision - failure to provide adequate temporary support to wall of adjoining building - adjoining wall collapses and building demolished - no workplace injuries - builder relies on expertise of structural engineer - defendant accepts serious nature of breach - general and specific deterrence considered - significant subjective factors - penalty imposed
HEARING DATES: 11/29/2004 EXTEMPORE JUDGMENT DATE : 11/29/2004
PROSECUTOR: Mr D O'Neil of counsel SOLICITORS: Carroll & O'Dea LEGAL REPRESENTATIVES:
DEFENDANT: Ms P McDonald of counsel SOLICITORS: Phillips Fox
JUDGMENT:
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
CORAM: HAYLEN J 29 November 2004
Matter No IRC 6248 of 2003 Inspector David Clyant v Dalway Enterprises Pty Ltd. Prosecution under s.10(1) of the Occupational Health and Safety Act 2000
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