Inspector Childs v Stimson (No 4) [2006] NSWIRComm 158

Industrial Court of New South Wales

CITATION: Inspector Childs v Stimson (No 4) [2006] NSWIRComm 158

PROSECUTOR WorkCover Authority of New South Wales (Inspector Childs) PARTIES: DEFENDANT Barry John Stimson

FILE NUMBER(S): IRC 6270 of 2003

CORAM: Staff J

Occupational Health & Safety - Plea of not guilty - Offence proven - Costs - Prosecutor sought costs order - Defendant submitted no order for costs or significantly reduced quantum of costs - Purpose of costs - Consideration of defendant's financial position - Statutory provisions and principles re costs orders discussed - Defendant ordered to pay 20 percent of prosecutor's costs CATCHWORDS: Costs - Occupational Health & Safety - Plea of not guilty - Offence proven - prosecutor sought costs order - Defendant submitted no order for costs or significantly reduced quantum of costs - Purpose of costs - Consideration of defendant's financial position - Statutory provisions and principles re costs orders discussed - Defendant ordered to pay 20 percent of prosecutor's costs

Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 LEGISLATION CITED: Fines Act 1996 Industrial Relations Act 1996 Occupational Health & Safety Act 2000

Environment Protection Authority v McConnell Dowell Constructors (Aust) Pty Ltd (2003) 128 LGERA 287 Inspector Childs v Stimson (No 3) [2005] NSWIRComm 336 Latoudis v Casey (1990) 170 CLR 534 CASES CITED: Maynard v Dabinett [1999] NSWCA 295 R v Northallerton Magistrates' Court; Ex Parte Christopher John Dove [2000] 1 Cr App Rep (S) 136 R v Whalley (1972) 56 CR.App.R. 304 WorkCover Authority of New South Wales (Inspector Childs) v Stimson [2004] NSWIRComm 395 WorkCover Authority (Inspector Yeung) v Wilson (t/as Wilson's Tree Service) (2005) 143 IR 187