Inspector Stephen Cooper v Quality Formworks Pty Ltd; Assad Saliba and Holdmark Developers Pty Ltd [2007] NSWIRComm 123

Industrial Court of New South Wales

CITATION: Inspector Stephen Cooper v Quality Formworks Pty Ltd; Assad Saliba and Holdmark Developers Pty Ltd [2007] NSWIRComm 123

PROSECUTOR: Inspector Stephen Cooper

PARTIES: DEFENDANTS: Quality Formworks Pty Ltd Assad Saliba Holdmark Developers Pty Ltd

FILE NUMBER(S): IRC 1641, 1642, 1643, 1644 and 1645 of 2006

CORAM: Haylen J

Occupational Health and Safety Act 2000 - s 8(1), s 8(2), s 26(1) - accident on large building site - formwork company and its director involved in prohibited system of drop-stripping formwork - building company failed to adequately supervise formwork company and its employees - formwork dropped leading to large piece of timber falling into laneway adjoining site - timber hits parked utility and pierces windscreen - pleas of guilty entered - serious breach by formwork company - general and specific deterrence - early pleas warrant significant discount on penalty - totality principle applied to charges involving formwork company and director - good record and co-operation with investigation by WorkCover - financial situation of company and director considered - significant debts affect ability to place detailed financial information before Court - fines discounted as result of financial position of both company and director -penalties imposed - building company guilty of serious breach - general and specific deterrence considered - relatively early plea - prior conviction - no evidence called regarding subjective factors - co-operation with investigation by WorkCover - penalty imposed. CATCHWORDS: Fines Act 1996 - s 6 - sufficiency of evidence to warrant exercise of discretion - present lack of financial resources uncontested - consideration of circumstances whereby evidence unable to be fully put before the Court.