NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Schultz v Leonard J Williams (Timber) Pty Ltd [2001] NSWIRComm 286 PROSECUTOR Inspector Arthur Schultz PARTIES : DEFENDANT Leonard J Williams (Timber) Pty Limited FILE NUMBER: IRC4503 of 2000 CORAM: Peterson J CATCHWORDS : Occupational health and safety - s16(1) - plea of not guilty - timber harvesting - accident causing serious injury - tree caused to fall by another worker using a skidder machine - employee of the defendant - highly experienced operators - highest level of accreditation - qualified and entitled to fell the largest trees - evidence illustrates a total failure to institute any supervision of work - insufficient to give general directions - defence under s53(b) fails - offence proved - defendant convicted. LEGISLATION CITED : Occupational Health and Safety Act 1983 CASES CITED : WorkCover v Mayne Lighting Pty Limited 1995 100 IR 248 at 257 HEARING DATES: 06/26/2000; 06/27/2000; 06/28/2000 DATE OF JUDGMENT: 11/09/2001
PROSECUTOR Mr M P Cahill of counsel
SOLICITOR Pricewaterhouse Coopers SYDNEY. LEGAL REPRESENTATIVES: DEFENDANT Mr D P Robinson of counsel
SOLICITOR Fishburn Watson O'Brien COFFS HARBOUR.
JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
IN COURT SESSION
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