NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Przibilla v Hindmarsh & Roddy Engineering Pty Limited [2004] NSWIRComm 383 PROSECUTOR Inspector Craig Przibilla PARTIES : DEFENDANT Hindmarsh & Roddy Engineering Pty Limited FILE NUMBER: IRC 1953 of 2004 CORAM: Boland J CATCHWORDS : Occupational Health and Safety - Prosecution under section 8(1) of the Occupational Health and Safety Act 2000 - Guilty plea - Manufacturing industry - Employee suffered severe injuries when his leg became pinned under a traverser - Capacity to pay fine - Foreseeability - Offence proven - Penalty imposed. LEGISLATION CITED : Fines Act 1996 Occupational Health and Safety Act 2000 Capral Aluminium Limited v WorkCover Authority of New South Wales (Inspector Mayo-Ramsay) (2000) 49 NSWLR 610, 99 IR 29 CASES CITED : WorkCover Authority of NSW (Inspector Ankucic) v McDonald's Australia Limited and Another (1999) 95 IR 383 WorkCover Authority of NSW (Inspector Glass) v Kellogg (Aust) Pty Ltd (No 2) (1999) 101 IR 261 HEARING DATES: 11/25/2004 DATE OF JUDGMENT: 12/10/2004
PROSECUTOR Mr A Britt of counsel Solicitor: Ms A Hecimovic Dibbs Barker Gosling LEGAL REPRESENTATIVES: DEFENDANT Mr J J Fernon (SC) Solicitor: Ms C Mullins Truman Hoyle Lawyers
JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: BOLAND J
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