NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Maurice Vierow v Allen Taylor & Co. Ltd [2008] NSWIRComm 73
PROSECUTOR: Inspector Maurice Vierow PARTIES: DEFENDANT: Allen Taylor & Co Ltd
FILE NUMBER(S): IRC 1114 of 2007
CORAM: Haylen J
Occupational Health and Safety Act 2000 - s 8(2) - delivery of large timber stacks by truck to timber flooring company - forklift operated by labour hire company employee at timber flooring company - truck driver injured in course of unloading stacks - no instruction or enforcement of instruction to make truck driver stand clear of load while forklift in operation - truck driver seriously injured - plea of guilty - contest as to seriousness of breach and need for general and specific deterrence - defendant had extensive safety systems but no enforcement of system for unloading stacks of timber from delivery trucks - prior record considered - serious breach established - culpability of others considered - considerable subjective factors - penalty imposed CATCHWORDS:
Capral Aluminimum v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 at [74] CASES CITED: Inspector Twynam-Perkins v Maine Lighting (1995) 100 IR 248 at 257 Veen v The Queen (No2) (1987-198) 164 CLR 465 Weininger v The Queen (2003) 212 CLR 269 at [32]
HEARING DATES: 1 April 2008
DATE OF JUDGMENT: 9 April 2008
PROSECUTOR: Mr D O'Neil of counsel SOLICITORS: Legal Group WorkCover Authority of New South Wales LEGAL REPRESENTATIVES:
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