NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Inspector Colin West v Brambles Australia Ltd t/as Chep Australia [2003] NSWIRComm 266 PROSECUTOR: Inspector Colin West PARTIES : DEFENDANT: Brambles Australia Ltd t/as Chep Australia ACN 000 164 938 FILE NUMBER: IRC 2231 of 2002 CORAM: Schmidt J CATCHWORDS : Occupational Health and Safety - prosecution under section 16(1) of the Occupational Health and Safety Act 1983 - manufacturer of wooden pallets - plea of guilty - good record - injuries caused by falling pallet during forklift operation - risk readily foreseeable - applicable policy not adhered to - general deterrence - defendant convicted of charge - discount - moiety to prosecutor - defendant to pay prosecutor's costs as agreed or assessed LEGISLATION CITED : Occupational Health and Safety Act 1983 CASES CITED : Inspector Patton v Brambles Australia Limited t/as Gardner Perrott [2002] NSWIRComm 178 HEARING DATES: 07/23/2003 DATE OF JUDGMENT: 08/25/2003
PROSECUTOR: Mr DB O'Neil of counsel SOLICITORS: Carroll & O'Dea LEGAL REPRESENTATIVES: DEFENDANT: Mr JV Agius SC SOLICITORS: Minter Ellison
JUDGMENT: - 10 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
CORAM: Schmidt J
DATE: 25 August 2003
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