NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Dave Chamings v Shiu Narayan and Mahabir Holdings Pty Ltd [2007] NSWIRComm 106
PROSECUTOR: Inspector Dave Chamings
PARTIES: DEFENDANTS: Shiu Narayan and Mahabir Holdings Pty Ltd
FILE NUMBER(S): IRC 2504 and 2505 of 2006
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 8(1) - s 26(1) - company and director each plead guilty to breach of Act - use of wood splitting machine - machine unguarded - lack of interlocking safety devices - absence of supervision - foreseeable risk of arm and hand injury - employee injured while distracted - wrist amputation - serious breach established - gap in safety system demonstrated - general and specific deterrence - subjective factors considered - financial position of business not clearly established - discount for early pleas and other subjective factors - penalties imposed
CASES CITED: Inspector Mansell v Eleven Lighting Pty Limited [2002] NSWIRComm 339 McColl v John Watson Building Services Pty Limited and Dowdon Contracting Pty Limited [2004] NSWIRComm 353
HEARING DATES: 07/05/07 EXTEMPORE JUDGMENT DATE: 7 May 2007
PROSECUTOR: Ms P McDonald of counsel SOLICITORS: DLA Phillips Fox LEGAL REPRESENTATIVES:
DEFENDANTS: Mr R Reitano of counsel SOLICITORS: Leigh Virtue & Associates
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