NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Ruth Buggy v Lyco Industries Pty Limited [2005] NSWIRComm 298
PROSECUTOR: Inspector Ruth Buggy
PARTIES: DEFENDANT: Lyco Industries Pty Limited [ACN 006 797 575]
FILE NUMBER(S): IRC 5078 and IRC 5079 of 2004
CORAM: Schmidt J
Occupational Health and Safety - prosecution under section 18(1)(a) and section 18(1)(b) of the Occupational Health and Safety Act 1983 - not guilty plea - fatal injury - defendant the manufacturer of hydraulically powered post driving machine - defendant supplier of plant - whether supply occurred in New South Wales or Victoria - proper construction of the word 'supplies' - supply occurred in New South Wales - both offences made out CATCHWORDS:
Crimes Act 1900 Interpretation Act 1987 Occupational Health and Safety Act 1983 LEGISLATION CITED: Sale of Goods Act 1923 (NSW) Victorian Goods Act 1958
Euphoric Pty Ltd v Ryledar Pty Ltd (2002) 117 IR 1 Forster v Osprey Manufacturing Pty Ltd (Unreported, 29 May 2003) Network Ten Pty Ltd v Channel Nine Pty Ltd and Ors (2004) 205 ALR 1 CASES CITED: R v Delgado (1984) 1 WLR 87 WorkCover Authority of New South Wales Inspector Hopkins v Profab Industries Pty Ltd (1999) 90 IR 119
HEARING DATES: 08/08/2005; 08/09/2005; 08/10/2005
DATE OF JUDGMENT: 08/25/2005
PROSECUTOR: Mr R Reitano of counsel SOLICITORS: WorkCover Authority of New South Wales Legal Group LEGAL REPRESENTATIVES:
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