NSW Caselaw
Industrial Court of New South Wales
CITATION: Liang v Inspector David Farmer [2010] NSWIRComm 156
PARTIES: Shuo Liang (Appellant) Inspector David Farmer (Respondent)
FILE NUMBER(S): IRC 118 of 2010
CORAM: Boland J President; Marks J; Staff J
CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY – conviction for offence under s 26 at first instance – appeal by defendant – held that a failure by Chief Industrial Magistrate to take into account evidence of defendant concerning defence under s 26(1)(a) resulted in error of law – leave to appeal granted – decision quashed – remitted to Local Court for rehearing
LEGISLATION CITED: Corporations Act 2001 (Cth) – s 201A Occupational Health and Safety Act 2000 – s 26(1), s 62, s 66
Inspector James v Ryan [2009] NSWIRComm 215 CASES CITED: Inspector Ken Kumar v Ritchie [2006] NSWIRComm 323 Inspector Wayne James v Sunny Ngai [2007] NSWIRComm 203 Mentha v Colorbus Pty Ltd (in liq) [2004] VSC 486; Re Colorbus Pty Ltd (in liq) and ors (2004) 213 ALR 789
HEARING DATES: 27 September 2010
DATE OF JUDGMENT: 17 November 2010
Mr M Moir of counsel (Appellant) Solicitors Stewart Cuddy & Mockler LEGAL REPRESENTATIVES: Mr M Cahill of counsel (Respondent) Solicitors Legal Group WorkCover Authority of New South Wales
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
FULL BENCH
CORAM: BOLAND J, President MARKS J STAFF J
Wednesday 17 November 2010
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