NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Valdis Leinasars v Larry Sault and Inspector Valdis Leinasars v Malsong Pty Ltd [2006] NSWIRComm 197
PROSECUTOR: Inspector Valdis Leinasars
PARTIES: DEFENDANTS: Larry Sault and Malsong Pty Ltd
FILE NUMBER(S): IRC 5845 and 5846 of 2005
CORAM: Haylen J
CATCHWORDS: Occupational Health & Safety Act 2000 - s 8(1) - s 26(1) - corporation and director separately charged - pleas of guilty entered - relevant corporation a labour hire company operating exclusively for family company - defendant corporation a related corporation to family company sharing common directors - defendant involved in roofing speciality - domestic roofing contract undertaken involving working at height and work close to overhead power lines - inadequate risk assessment undertaken - failure to provide edge protection - failure to recognise risk of working near overhead power lines - failure to properly supervise inexperienced and young employee - serious breach - general and specific deterrence considered - financial position of defendant corporation - large turnover but small returns to family members - no prior convictions - co-operation with WorkCover investigation - early plea - substantial discount for subjective factors - penalties imposed
HEARING DATES: 13/06/2006
DATE OF JUDGMENT: 06/16/2006
PROSECUTOR: Mr D O'Neil of counsel SOLICITORS: Phillips Fox
LEGAL REPRESENTATIVES:
DEFENDANTS: Mr J Phillips SC SOLICITORS: Oliver Campbell Lawyers
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