NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : WorkCover Authority of New South Wales v Kevin Curran Pty Ltd t/as Tree Recyclers [2000] NSWIRComm 55 PROSECUTOR: WorkCover Authority of New South Wales PARTIES : DEFENDANT: Kevin Curran Pty Ltd t/as Tree Recyclers FILE NUMBER: IRC2627 & 2628 of 1998 CORAM: Maidment J CATCHWORDS : Failure to ensure safety of people not in employment, failure to ensure plant was safe, lack of proper investigation that may have visited unfairness upon defendant, failure to prove beyond reasonable doubt, failure to establish prima facie case, s 18(2) "when properly used". LEGISLATION CITED : Occupational Health & Safety Act 1983; s 16(1) 18(2)(a) CASES CITED : WCA v Acimall Aust P/L IRC96/1065 & 1066, unreported Fisher P, 27 February 1998 HEARING DATES: 03/29/2000; 03/30/2000; 03/31/2000 DATE OF JUDGMENT: 04/19/2000
PROSECUTOR: Mr M Cahill of counsel SOLICITOR: Mr A Morris WorkCover Authority of New South Wales LEGAL REPRESENTATIVES: DEFENDANT: Mr G Graham of counsel SOLICITOR: Mr R Barros RE Barros & Company
JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: MAIDMENT J DATE: 19 APRIL 2000
Matter No. IRC98/2627 WorkCover Authority of NSW v Kevin Curran Pty Ltd t/as Tree Recyclers.
Prosecution under s16(1) of the Occupational Health and Safety Act 1983.
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