NSW Caselaw
Industrial Court of New South Wales
CITATION: Morrison v Milner and Baldwin (No 2) [2009] NSWIRComm 191
Rodney Dale Morrison (Appellant) PARTIES: John Hamilton Milner (Respondent in Matter No IRC 2008/574) Stephen Barry Baldwin (Respondent in Matter No IRC 2008/575)
FILE NUMBER(S): IRC 574 and 575 of 2008
CORAM: Boland J President; Kavanagh J; Backman J
APPEAL - Occupational health and safety - Underground coalmining industry - Prosecution of corporate defendant, mine manager and director - Roof fall - One miner killed and another seriously injured - Not guilty verdicts at first instance, charges dismissed - Appeal by prosecutor - Whether errors by the primary judge in relation to assumptions made and inferences drawn; safe work procedure; existence of risk; risk assessment; information, instruction, qualifications and training of mining crew - Whether crew left to its own devices - Longwall mining - Cut and flit mining - Development mining - Partial pillar extraction mining - Goaf - Recovery of continuous mining machine from under unsupported roof - Roof bolting - Fletcher bolter - Timber props - Toolbox talks - Sounding a roof and barring down - Leave to appeal granted - Appeal dismissed. CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY - Appeal - Underground coalmining industry - Prosecution of corporate defendant, mine manager and director - Roof fall - One miner killed and another seriously injured - Not guilty verdicts at first instance, charges dismissed - Appeal by prosecutor - Whether errors by the primary judge in relation to assumptions made and inferences drawn; safe work procedure; existence of risk; risk assessment; information, instruction, qualifications and training of mining crew - Whether crew left to its own devices - Longwall mining - Cut and flit mining - Development mining - Partial pillar extraction mining - Goaf - Recovery of continuous mining machine from under unsupported roof - Roof bolting - Fletcher bolter - Timber props - Toolbox talks - Sounding a roof and barring down - Leave to appeal granted - Appeal dismissed.
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