WorkCover Authority of New South Wales (Inspector Keenan) v Leighton Contractors Pty Limited & Anor [2005] NSWIRComm 454

Industrial Court of New South Wales

CITATION: WorkCover Authority of New South Wales (Inspector Keenan) v Leighton Contractors Pty Limited & Anor [2005] NSWIRComm 454

APPELLANT WorkCover Authority of NSW (Inspector Keenan)

PARTIES: RESPONDENTS Leighton Contractors Pty Limited Lindores Crane & Rigging (Aust) Pty Limited

FILE NUMBER(S): IRC 6072 and 6274 of 2004

CORAM: Walton J Acting President at 1; Boland J at 15; Staff J at 1

Appeal - Occupational health and safety - Appeal against costs and sentence - Two corporate defendants - Construction industry - Collapse of tower crane on building site - Two persons killed - First defendant was principal contractor and hirer of crane - First defendant charged with five offences under the Occupational Health and Safety Act 1983 - First defendant convicted of one offence and other four charges dismissed - Prosecutor ordered to pay 75 per cent of first defendant's costs - On appeal majority overturned costs order made at first instance and ordered each party pay its own costs of first instance proceedings - No order as to costs of the appeal in relation to first defendant - Second defendant hired crane to first defendant - Second defendant charged with nine offences under Occupational Health and Safety Act 1983 - Second defendant found guilty of four offences with remaining charges dismissed - Second defendant fined $185,000 - Prosecutor ordered to pay 80 per cent of second defendant's costs - Costs decision overturned on appeal - Majority ordered second defendant to pay 30 per cent of the Prosecutor's costs - Dissenting judge would have dismissed appeal in relation to costs