NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector McGrath v GPI (General) Pty Ltd [2009] NSWIRComm 194
Inspector Cherie McGrath of WorkCover Authority of New South Wales (Prosecutor) PARTIES: GPI (General) Pty Ltd (First defendant) Grahamme McDougall (Second defendant)
FILE NUMBER(S): IRC 536; IRC 537; IRC 538 of 2009
CORAM: Marks J
CATCHWORDS: INTERLOCUTORY JUDGMENT - motion to quash or permanently stay proceedings on grounds of abuse of process - whether offences as charged and particularised are sufficient to enable defendants to prepare case - held an inappropriate time to debate application of ss 10(1) & 10(2) of the Occupational Health and Safety Act 2000 before factual matrix established - construction of provisions of s 16(2) of the Criminal Procedure Act 1986 - held charges as particularised satisfy statutory and common law requirements - motion dismissed
Criminal Procedure Act 1986 - s 11, s 15, s 16(2), 170(3), s 246 Industrial Relations Act 1996 - s 105, s 168 LEGISLATION CITED: Interpretation Act 1987 - s 68 Industrial Relations Rules - Rules 217B, 217C Occupational Health and Safety Act 2000 - s 8(2), s 10(1), s 10(2) Summary Jurisdiction Act - s6
CASES CITED: John L Pty Ltd v Attorney-General (NSW) [1987] HCA 42; (1987) CLR 508 Kirk Group Holdings Pty Ltd & Anor v Workcover Authority NSW & Anor [2006] NSWCA 172; 66 NSWLR 151; 154 IR 310
HEARING DATES: 4 November 2009
DATE OF JUDGMENT: 19 November 2009
Mr R Reitano of counsel (Prosecutor) Solicitor: Legal Group LEGAL REPRESENTATIVES: WorkCover Authority of New South Wales
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