NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Nathan Hamilton v Thiess Pty Ltd and Others (No 2) [2009] NSWIRComm 141
PROSECUTOR: Inspector Nathan Hamilton
PARTIES: DEFENDANTS: Thiess Pty Ltd John Holland Pty Ltd Pells Sullivan Meynink Pty Ltd Parsons Brinckerhoff Australia Pty Limited
FILE NUMBER(S): IRC 1987; 1988; 1989; 1990; 1991; 1992; 1993; 1994 of 2007
CORAM: Backman J
CATCHWORDS: Application by prosecutor that proceedings under section 8(1) and section 8(2) of the Occupational Health and Safety Act 2000 be vacated - application consented to by Thiess, John Holland, and Pells Sullivan Meynink - application opposed by Parsons Brinckerhoff -principles applicable to separate trial applications considered - application to vacate granted - orders.
LEGISLATION CITED: Occupational Health and Safety Act 2000
Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Inspector Nathan Hamilton v Thiess Pty Ltd and Ors [2009] NSWIRComm 41 Masterton Homes Pty Ltd v WorkCover Authority of New South Wales (Inspector Batty) [2009] NSWIRComm 91 R v Dellapatrona and Duffield (1993) 31 NSWLR 123 CASES CITED: R v Oliver (1984) 57 ALR 543 R v Shillito [2009] NTSC 12 Symss v The Queen [2003] NSWCCA 77 Sheller JA The Queen v Edwards [2009] HCA 20 (21 May 2009) WorkCover Authority of New South Wales (Inspector Lane) v Australian Winch & Haulage Co Pty Ltd (2000) 102 IR 40
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