NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Ochoa v East Sun Building Pty Ltd & Gao [2010] NSWIRComm 91
Inspector Mara Ochoa (Prosecutor) PARTIES: East Sun Building Pty Ltd (First Defendant) Yi Gao (Second Defendant)
FILE NUMBER(S): IRC 1212; 1213 of 2009
CORAM: Marks J
CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY - breach of s 8(1) of the Occupational Health and Safety Act 2000 by the corporate defendant - personal defendant deemed guilty by s 26(1) - early guilty pleas - appropriate penalty - no prior convictions - objective seriousness - no risk assessment - lack of safety procedures - serious breach - injured worker - general and specific deterrence - remorse and contrition - capacity to pay - publication order - penalties imposed
LEGISLATION CITED: Fines Act 1996 - s 4, s 6 Occupational Health and Safety Act 2000 - s 3, s 8(1), s 26(1), s 115
CASES CITED: McColl v John Watson Building Services Pty Ltd and Dowdon Contracting Pty Ltd [2004] NSWIRComm 353
HEARING DATES: 20 May 2010, 18 & 25 June 2010 (written submissions)
DATE OF JUDGMENT: 15 July 2010
Mr D O'Neil of counsel (Prosecutor) Solicitor Legal Group, LEGAL REPRESENTATIVES: WorkCover Authority of New South Wales
Mr S Ma, solicitor (First & Second Defendant) Westside Law Firm
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Marks J
Thursday 15 July 2010
Matter No IRC 1212 & 1213 of 2009
Inspector Mara Ochoa v East Sun Building Pty Ltd & Yi Gao
Prosecution pursuant to s 8(1) and s 8(1) by virtue of s 26(1) of the Occupational Health and Safety Act 2000
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