YSF Pty Ltd and another v Inspector Wilkie [2008] NSWIRComm 76

Industrial Court of New South Wales

CITATION: YSF Pty Ltd and another v Inspector Wilkie [2008] NSWIRComm 76

APPELLANTS: YSF Pty Ltd PARTIES: Allan Murphy

RESPONDENT: Inspector Robert Wilkie

FILE NUMBER(S): IRC 1519 of 2007

CORAM: Boland J President; Staff J; Backman J

Appeal - Application for leave to appeal - Occupational Health and Safety - Appeal from Chief Industrial Magistrate - Penalties imposed for breaches of s 8(1) and s 86(1)(b) of the Occupational Health and Safety Act 2000 - Convictions and penalties imposed by the CIM in respect of the charges brought pursuant to s 86(1)(b) of the Act quashed - Whether penalties in respect of s 8(1) offences were manifestly excessive - No issue of principle - conventional approach to sentencing by CIM - Penalties imposed in respect of s 8(1) offences were appropriate for the circumstances - Leave to appeal in respect of s 8(1) offences refused - Appeal in respect of s 8(1) offences dismissed

CATCHWORDS: Occupational Health and Safety - Appeal - Application for leave to appeal - Appeal from Chief Industrial Magistrate - Penalties imposed for breaches of s 8(1) and s 86(1)(b) of the Occupational Health and Safety Act 2000 - Convictions and penalties imposed by the CIM in respect of the charges brought pursuant to s 86(1)(b) of the Act quashed - Whether penalties in respect of s 8(1) offences were manifestly excessive - No issue of principle - conventional approach to sentencing by CIM - Penalties imposed in respect of s 8(1) offences were appropriate for the circumstances - Leave to appeal in respect of s 8(1) offences refused - Appeal in respect of s 8(1) offences dismissed