NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Maurice Vierow v Linddales Pty Ltd [2007] NSWIRComm 255
PROSECUTION Inspector Maurice Vierow PARTIES: DEFENDANTS Linddales Pty Ltd
FILE NUMBER(S): IRC 36 of 2007
CORAM: Boland J
CATCHWORDS: Occupational health and safety - Breach of s 8(1) of Occupational Health and Safety Act 2000 - Construction industry - Labour Hire firm - Serious injury - Mobile crane toppled over - Guilty plea - Relative culpability - Fine imposed
LEGISLATION CITED: Occupational Health and Safety Act 2000 s 8(1) Occupational Health and Safety Regulation 2001 cl 94, cl 122
Capral Aluminium Ltd v WorkCover Authority (2000) 49 NSWLR 610 Department of Mineral Resources of NSW (McKensey) v Kembla Coal and Coke Pty Ltd (1999) 92 IR 8 at 27 Drake Personnel Ltd t/a Drake Industrial v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 432 CASES CITED: Inspector Elizabeth Benbow v Planada Holdings Pty Ltd [2001] NSWIRComm 275 Markarian v R (2005) 215 ALR 213 TNT Australia Pty Ltd v Christie and Others (2003) 65 NSWLR 1 WorkCover Authority of New South Wales (Inspector Farrell) v Schrader (2002) 112 IR 284 WorkCover Authority of NSW (Inspector Glass) v ACI Operations Pty Limited (unreported, Schmidt J, 25 February 1994)
HEARING DATES: 4 October 2007
DATE OF JUDGMENT: 11 October 2007
PROSECUTION Mr R Reitano of counsel Solicitor: Mr G Diggins WorkCover Authority of New South Wales LEGAL REPRESENTATIVES:
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