NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Inspector Peter Robinson v Lovells Springs and ors. [2005] NSWIRComm 375
PROSECUTOR: Inspector Peter Robinson
PARTIES: DEFENDANTS: Lovells Springs Pty Ltd & ors
FILE NUMBER(S): IRC 845, 846, 847, 864, 865, 866 AND 893 of 2004
CORAM: Haylen J
Occupational Health and Safety Act 2000 - s 8 s11 s13 s 94 s 26- pleas of guilty entered by corporate defendant two director defendants and a manager defendant - crush injury sustained due to unguarded machine operating in spring making industry - recent history of company safety standards declining after many years of operating without breach - numerous notices issued by WorkCover Authority mostly relating to lack of guarding - relevance of shifting corporate control and retirement of longstanding directors - new shareholders reorganise company but safety issues continue to arise - serious breach established - severe injury evidence of nature of risk - variety of subjective factors considered - principles of totality and parity applied - penalty adjusted to represent true criminality of offences - penalties imposed - s 10 application in relation to manager rejected CATCHWORDS:
CASES CITED: Haynes v C I & D Manufacturing Pty Ltd and anor (1994) 60 IR 149
HEARING DATES: 10/04/2005; 10/05/2005
DATE OF JUDGMENT: 10/21/2005
PROSECUTOR: Mr B Docking of counsel SOLICITORS: Crown Solicitors
DEFENDANTS: Matter Nos IRC 845, 846, 847 & 893 of 2004 Lovells Springs Pty Ltd Mr Higgins of counsel SOLICITORS: LEGAL REPRESENTATIVES: Stephen Wawn & Associates
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