NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector John Forster v Mellor Enterprises Pty Ltd and Anor [2009] NSWIRComm 38
Prosecutor: PARTIES: Inspector John Forster Defendant: Mellor Enterprises Pty Ltd and Anor
FILE NUMBER(S): IRC630,631 of 2008
CORAM: Kavanagh J
CATCHWORDS: Occupational Health and Safety Act 2000 ss8(1) and 26(1) - pleas of guilty - offence by Corporation and its Manager - head contractor harvesting cotton failed to ensure safe system of work on cotton farm - serious risk - failure to supervise young employee - small business in country town - penalties
LEGISLATION CITED: Occupational Health and Safety Act 2000 Crimes (Sentencing Procedure) Act 1999
Capral Aluminium Ltd v WorkCover Authority of New South Wales (2000) 49 NSWLR 610 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 464 Markarian v R (2005) 215 ALR 213 Morrison v Powercoal Pty Limited [2003] 130 IR 364 CASES CITED: R v Gallagher (1991) 23 NSWLR 220 R v Thomson; R v Houlton (2000) 49 NSWLR 383 R v Way (2004) 60 NSWLR 168 Thorneloe v Filipowski (2001) 52 NSWLR 60 WorkCover Authority of NSW (Inspector Ankucic) v McDonalds Australia Limited and Another (2000) 95 IR 383
HEARING DATES: 03/02/09
DATE OF JUDGMENT: 20 April 2009
Prosecutor: Mr R.C. Pontello of counsel Solicitors: Mr W. Steenson Senior Solicitor WorkCover Authority of NSW LEGAL REPRESENTATIVES: Mr P. Rowe of counsel Solicitors: Mr D. Carroll Macrossan & Amiet By their agents: Carroll & O'Dea
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