T & M Industries (Aust) Pty Ltd and Anor v Inspector Sequeira [2006] NSWIRComm 25

Industrial Court of New South Wales

CITATION: T & M Industries (Aust) Pty Ltd and Anor v Inspector Sequeira [2006] NSWIRComm 25

APPELLANT Terrence Roland Tisdale PARTIES: RESPONDENT WorkCover Authority of New South Wales (Inspector Sequeira)

FILE NUMBER(S): IRC 6274 of 2003

CORAM: Wright J President; Walton J Vice-President; Staff J

Appeal - leave to appeal - occupational health and safety - company found guilty of two offences of failing to comply with improvement notices pursuant to s 92 of 2000 Act - director found guilty of one offence pursuant to s 26(1) of 2000 Act - director also guilty of obstructing inspector pursuant to s 31N(a) of 1983 Act - company deregistered in course of proceedings - director appealed his two convictions and sentence for s 31N(a) offence - sentence appealed on grounds of severity and failure to dismiss charge pursuant to s 10 of Crimes (Sentencing Procedure) Act 1999 - long interlocutory history in appeal proceedings - appeal dismissed.

Leave to appeal - not necessary to decide whether to whether leave to appeal required following commencement of Crimes (Local Courts Appeal and Review) Act 2001 - if leave be required, it ought to be granted.

CATCHWORDS: Director could appeal company's s 26(1) conviction notwithstanding company deregistered - no error of law in relation to s 26(1) conviction - s 92 conviction upheld - appeal dismissed.

S 31N(a) offence - interpretation of particulars - meaning of obstruct - whether obstruction "momentary" - whether obstruction "cured" - inappropriate to infer acquiescence on part of inspectors - no error of law at first instance - conviction upheld - appeal dismissed.