NSW Caselaw
Industrial Court of New South Wales
CITATION: Botany Bay City Council v Inspector Derek Pryor (No 2) [2009] NSWIRComm 68
APPELLANT Botany Bay City Council PARTIES: RESPONDENT Inspector Derek Pryor (WorkCover New South Wales)
FILE NUMBER(S): IRC 236 of 2007 and IRC 858 of 2008
CORAM: Walton J Vice-President; Staff J; Backman J
CATCHWORDS: Costs - Occupational health and safety prosecution dangerous goods prosecution - Appeal against conviction and setence under Dangerous Goods Act 1975 - Upheld - Appeal against conviction and sentence under Occupational Health & Safety Act 2000 dismissed - Section 70 of the Crimes (Appeal and Review) Act 2001 considered - Exercise of discretion to apportion costs where one charge established and another dismissed - Costs orders should reflect a fair balance of the success of the parties - Costs orders of the Chief Industrial Magistrate to stand - Each party to bear their own costs of the appeal - Crimes (Appeal and Review) Act 2001, s 3, s 70
Crimes (Appeal and Review) Act 2001 LEGISLATION CITED: Dangerous Goods Act 1975 Occupational Health & Safety Act 2000
CASES CITED: Botany Bay City Council v Inspector Derek Pryor [2009] NSWIRComm 12 WorkCover Authority of New South Wales (Inspector Keenan) v Leighton Contractors Pty Ltd (2005) 147 IR 329
HEARING DATES: Written submissions: 18 March 2009 and 8 April 2009
DATE OF JUDGMENT: 15 May 2009
APPELLANT Mr RA Bonnici of counsel Solicitor: Mr M Perry Houston Dearn O'Connor LEGAL REPRESENTATIVES: RESPONDENT Mr PM Skinner of counsel Solicitor: Mr J Rodney Carroll & O'Dea
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