NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Barnabas Ching v Simpson Design Associates Pty Ltd. Prosecution under s 11(1)(a) of the Occupational Health and Safety Act 2000 [2009] NSWIRComm 75
PROSECUTOR: Inspector Barnabas Ching PARTIES: DEFENDANT: Simpson Design Associates Pty Ltd
FILE NUMBER(S): IRC 404 of 2008
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 11(1)(a) - workplace incident involving number of entities - prosecutions commenced - prosecutor proposes joint trial - design defendant seeks separate trial - consideration of relevant principles - additional cost the major prejudice likely to be suffered by design defendant - motion for separate trial refused - costs reserved
LEGISLATION CITED: Occupational Health and Safety Act 2000
R v Dellapatrona (1993) 31 NSWLR 123 Inspector Lane v the Australian Winch and Haulage Co Pty Ltd (2000) 102 IR at 40 CASES CITED: R v Fernando (1999) NSWCCA 66 R v Grondkowski (1946) 1 KB 369 Rech v F M Hide Pty Ltd (1998) 83 IR 293 between pages 294 and 295
HEARING DATES: 15 May 2009 EXTEMPORE JUDGMENT DATE: 15 May 2009
RESPONDENT/PROSECUTOR on Notice of Motion Mr S Crawshaw SC with Ms P McDonald of counsel SOLICITORS: WorkCover Authority Legal Group (Ms E Haigh) LEGAL REPRESENTATIVES:
APPLICANT/DEFENDANT on Notice of Motion Mr I Neil SC with P Moorhouse of counsel SOLICITORS: Kennedys (Ms P Taylor)
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