NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Rowe v Stephensons Cranes Pty Ltd and Soltau [2010] NSWIRComm 68
Inspector Andrew Rowe (Prosecutor) PARTIES: Stephensons Cranes Pty Ltd (Defendant in IRC 218 of 2009) Richard Gordan Soltau (Defendant in IRC 220 of 2009)
FILE NUMBER(S): IRC 218 and 220 of 2009
CORAM: Marks J
CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY - breach of s 8(2) of the Occupational Health and Safety Act 2000 by the corporate defendant - personal defendant charged with breach of s 20(1) - pleas of guilty - conflicting versions regarding cause of incident - failure to prove cause of incident to requisite standard - elements of the offences - particulars of the charges - court unable to embark on sentencing because of doubt whether particulars of each offence have been proven - further assistance from parties required - proceedings stood over for further submissions
LEGISLATION CITED: Occupational Health and Safety Act 2000 - s 8(2), s 20(1)
Inspector Hayes v Santos and Lorenzo [2009] NSWIRComm 163 Kirk v Industrial Court (NSW) [2010] HCA 1; (2009) 239 CLR 531 R v De Simoni (1981) 147 CLR 383 CASES CITED: R v Lewis [1994] 1 QdR 613 R v Olbrich (1999) HCA 54; 199 CLR 270 R v Palu [2002] NSWCCA 381 Sacco Builders Pty Ltd v Inspector Chaston [2009] NSWIRComm 153
HEARING DATES: 19 and 20 April 2010
DATE OF JUDGMENT: 28 May 2010
Mr D Chin of counsel Solicitors Workcover Authority of New South Wales LEGAL REPRESENTATIVES: Mr D Murray, solicitor Solicitors AiGroup Legal
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