NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Hugh Corner v Hastings Hire Pty Ltd and Inspector Corner v John Avalon Barrie Shevlin. [2008] NSWIRComm 63
PROSECUTOR: Inspector Hugh Corner
PARTIES: DEFENDANTS: Hastings Equipment Hire Pty Ltd and John Avalon Barrie Shevlin
FILE NUMBER(S): IRC 1249 and 1250 of 2007
CORAM: Haylen J
CATCHWORDS: Occupational Health and Safety Act 2000 - s 10(2) - s 26(1) - dry hire plant equipment business - sole director working for business - no employees engaged - elevated work platform hired for purpose of taking photographs for promotional material - failure to supply appropriate safety belts or safety harnesses - failure to undertake adequate risk assessment - failure to conduct pre-start checks for hiring equipment - failure to insist on wearing of safety belt or safety harness - client using metal extension measuring tape to calculate distance from ground whilst on work platform at height - measuring tape swept up by wind into nearby power lines - electric shock to two people on work platform - person falls from work platform and fatally injured - pleas of guilty entered by corporation and sole director - serious breach established - general and specific deterrence - subjective factors considered - first offences - early pleas - good record established - penalties imposed
HEARING DATES: 28 March 2008
DATE OF JUDGMENT: 3 April 2008
PROSECUTOR: Mr B Docking of counsel SOLICITORS: Legal Group WorkCover Authority of New South Wales
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