Inspector Michael Dall v Brambles Australia [2006] NSWIRComm 308

Industrial Court of New South Wales

CITATION: Inspector Michael Dall v Brambles Australia [2006] NSWIRComm 308

Prosecutor: PARTIES: Inspector Michael Dall Defendant: Brambles Australia

FILE NUMBER(S): IRC5608 of 2004

CORAM: Kavanagh J

CATCHWORDS: OHS – Defendant's application for costs – Prosecution dismissed – No Agreed Statement of Facts – Applicable Rules – Discretion – Apportionment – No special circumstance – Order for costs

LEGISLATION CITED: Occupational Health and Safety Act 1983 s10, 28(b) Criminal Procedure Act 1986 s257C

CASES CITED: Latoudis v Casey (1990) 170 CLR 534 WorkCover Authority of New South Wales (Inspector Keenan) v Leighton Contractors Pty Limited & Anor [2005] NSWIRComm 454

HEARING DATES: 15/09/06 EXTEMPORE JUDGMENT DATE: 09/15/2006

Prosecutor: Mr R. Reitano of counsel Solicitors: WorkCover Authority of NSW LEGAL REPRESENTATIVES: Defendant: Mr B. Collins QC with Mr B. Cross of counsel Solicitors: Ms G. Barker Allens Arthur Robinson

JUDGMENT:

- 1 - INDUSTRIAL COURT OF NEW SOUTH WALES

CORAM: Kavanagh J

15 September 2006

Matter No IRC 5608 of 2004

INSPECTOR MICHAEL DALL v BRAMBLES AUSTRALIA

Prosecution under s10(1) of the Occupational Health and Safety Act 2000

EX TEMPORE JUDGMENT

[2006] NSWIRComm 308

1 The defendant makes an application for costs. It is opposed by the prosecution. Judgment was delivered on 7 July 2006. There has been an amendment to [158] and Order 1 of that Judgment. The charge brought under s10 of the Occupational Health and Safety Act 2000 was found proven but was dismissed on the application of the defence raised by the defendant under s28(b) of the Occupational Health and Safety Act 2000.