WorkCover Authority of NSW (Inspector Simpson) v CNH Australia Pty Ltd (formerly Case Corporation Pty Ltd), Davibray Pty Ltd as Trustee for B & S Carruthers Trust trading as Carruthers Machinery Co. and Raynjune Pty Ltd [2006] NSWIRComm 220

Industrial Court of New South Wales

CITATION: WorkCover Authority of NSW (Inspector Simpson) v CNH Australia Pty Ltd (formerly Case Corporation Pty Ltd), Davibray Pty Ltd as Trustee for B & S Carruthers Trust trading as Carruthers Machinery Co. and Raynjune Pty Ltd [2006] NSWIRComm 220

PROSECUTION: WorkCover Authority of New South Wales (Inspector Simpson)

PARTIES: DEFENDANTS: CNH Australia Pty Limited (formerly Case Corporation Pty Limited) Davibray Pty Limited as Trustee for B & S Carruthers Trust trading as Carruthers Machinery Co. Raynjune Pty Limited

FILE NUMBER(S): IRC 3257; 3258; 3335 of 2004

CORAM: Staunton J

CATCHWORDS: Occupational health and safety - admissibility of expert witness statements pursuant to s 79 of the Evidence Act considered - consideration as to specialised knowledge for the purposes of s 79 of the Evidence Act - principles considered - Australian and international Standards admitted subject to weight and in the context of being satisfied as to specialised knowledge - publications relied upon not only as basis for expert opinion expressed but also as evidence of truth of their content - s 60 of the Evidence Act applicable - application for direction under s 136 of Evidence Act to limit use of evidence in publications considered and rejected - admissibility of publications relied upon by expert witness that were not available at or before the date of the alleged offences admissible as evidence of risk to safety known at the time of the alleged offences - evidence objected to directed to statutory defence of reasonable practicability - ultimately a question of weight - whether the publications in issue should be excluded pursuant to s 135(a) or (c) of the Evidence Act - balancing exercise between probative value and unfair prejudice relevant to s 135(a) and s 137 of the Evidence Act considered - discretion to exclude under s 135(a) refused - no basis to exclude publications under s 135(c) with exception as to part of one publication - evidence of expert opinion relevant to offence as pleaded - statements admitted subject to weight and rulings - rulings made.