Robert William Regan v Southern Colliery Maintenance Pty Ltd [2011] NSWIRComm 44

Industrial Relations Commission New South Wales Medium Neutral Citation: Robert William Regan v Southern Colliery Maintenance Pty Ltd [2011] NSWIRComm 44 Hearing dates: 25 March 2011 Decision date: 14 April 2011 Jurisdiction: Industrial Court of NSW Before: Staff J Decision: 1. The defendant's notice of motion filed on 10 March 2011 is dismissed. 2. Costs are reserved. Catchwords: NOTICE OF MOTION - OCCUPATIONAL HEALTH AND SAFETY - PRACTICE AND PROCEDURE - s 8(2) of the Occupational Health and Safety Act 2000 - order sought by defendant that because a particular did not disclose any act or omission it be struck out - further particularisation provided by prosecutor - PRINCIPLES - deficiency in particular cured - notice of motion dismissed Legislation Cited: Occupational Health and Safety Act 2000 Cases Cited: Inspector Morrison v Pybar Mining Services Pty Ltd [2011] NSWIRComm 1 John Holland Pty Ltd v Industrial Court of New South Wales; Parsons Brinckerhoff (Australia) Pty Ltd v Industrial Court of New South Wales [2010] NSWCA 338 Kirk v Industrial Relations Commission of New South Wales; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1; (2010) 239 CLR 531 Category: Interlocutory applications Parties: Robert William Regan (Prosecutor) Southern Colliery Maintenance Pty Ltd (Defendant) Representation: Mr P Strickland SC with Mr D O'Neil of counsel (Prosecutor) Mr D Nagle of counsel (Defendant) Crown Solicitor's Office (Prosecutor) Access Law Group (Defendant) File Number(s): IRC 1033 of 2008