Inspector Victor Larobina v Charbel Ibrahim; Inspector Victor Larobina v Sammy Soliman [2007] NSWIRComm 198

Industrial Court of New South Wales

CITATION: Inspector Victor Larobina v Charbel Ibrahim; Inspector Victor Larobina v Sammy Soliman [2007] NSWIRComm 198

PROSECUTOR: Inspector Victor Larobina

PARTIES: DEFENDANTS: Mr Charbel Ibrahim and Mr Sammy Soliman

FILE NUMBER(S): IRC 2450 and 2452 of 2006

CORAM: Haylen J

Occupational Health and Safety Act 2000 - s 8(1) s 8(2) and s 26(1) - head contractor and sub-contractor plead guilty to breach - employees of sub-contractor working on balcony slab of home units under construction - absence of safety rails - failure to use safety harness - use of unsecured ladder amid building rubble - employee falls over 5 metres and suffers multiple injuries - serious breach - general and specific deterrence considered - subjective factors include financial circumstances of defendants - one defendant an undischarged bankrupt - other defendant under Notice of Bankruptcy and has judgment debts against him - provisions of Fines Act considered - fines and costs reduced CATCHWORDS: Fines Act 1996 - s 6 - financial circumstances of defendants considered - corporate entities in both cases placed in external administration - proceedings continued in relation to a director of head contractor and a person concerned in the management of sub-contractor - one defendant an undischarged bankrupt - second defendant in receipt of Notice of Bankruptcy and subject to judgement debts - significance of bankruptcy in setting a penalty - fines and costs orders reduced

LEGISLATION CITED: Bankruptcy Act 1966 (Cth) s 82(3) Fines Act 1996 s 6