NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Dugdale v Fluid Tech Hydraulics Pty Ltd [2010] NSWIRComm 123
PARTIES: Inspector Edward Dugdale of WorkCover Authority of New South Wales (Prosecutor) Fluid Tech Hydraulics Pty Ltd (Defendant)
FILE NUMBER(S): IRC 1482 of 2008
CORAM: Marks J
CATCHWORDS: INTERLOCUTORY PROCEEDINGS – breach of s 11(1)(a) of the Occupational Health and Safety Act 2000 – motion to withdraw plea of guilty – particulars of charge – acts and omissions – whether charge was not known to law – whether any defect can be cured – discretion – leave to withdraw guilty plea refused – costs reserved – orders made
Criminal Procedure Act – s 16(2) LEGISLATION CITED: Industrial Relations Act – s 170 Occupational Health and Safety Act 2000 – s 11(1)(a)
Inspector Hamilton v John Holland Pty Ltd [2010] NSWIRComm 72 Kirk v Industrial Court (NSW) [2010] HCA 1; (2009) 239 CLR 531 CASES CITED: Maxwell v the Queen [1996] HCA 46; (1995 – 1996) 184 CLR 501 R v Wilkes [2001] NSWCCA 97 Rockdale Beef Pty Ltd v Industrial Relations Commission of NSW [2007] NSWCA 128; 165 IR 7
HEARING DATES: 20 August 2010
DATE OF JUDGMENT: 3 September 2010
Mr R Reitano of counsel (Prosecutor) Solicitor: Legal Group LEGAL REPRESENTATIVES: WorkCover Authority of New South Wales
Mr JJ Fernon SC with Mr T Boyd of counsel (Defendant) Solicitor: Herbert Weller, Solicitor
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