Inspector Nicholson v Pymble No 1 Pty Ltd & Molinara (No 3) [2011] NSWIRComm 59

Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Nicholson v Pymble No 1 Pty Ltd & Molinara (No 3) [2011] NSWIRComm 59 Hearing dates: 9 March and 6 April 2011 (written submissions) Decision date: 13 May 2011 Jurisdiction: Industrial Court of NSW Before: Marks J Decision: 1 The prosecutor is to pay to the defendants monies to reimburse actual disbursements reasonably incurred by them in and about the defence of the proceedings and witness expenses reasonably incurred during the conduct of the proceedings. 2 The amount of such monies is to be assessed by the Court in default of agreement. Catchwords: COSTS - occupational health and safety proceedings - both defendants found not guilty in substantive proceedings - cost orders in criminal proceedings - self represented - defendants entitled to reasonable disbursements incurred in and about the defence and witness expenses - orders made Legislation Cited: Occupational Health and Safety Act 2000 Cases Cited: Cachia v Hanes (1991) 23 NSWLR 304 Cachia v Hanes (1994) 179 CLR 403 Inspector Nicholson v Pymble No 1 Pty Ltd & Molinara (No 2) [2010] NSWIRComm 151 Inspector Wayne James v Justin James Ryan (No 2) [2010] NSWIRComm 63 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Lawrence v Nikolaidis & Co (2003) 57 NSWLR 355 Category: Costs Parties: Inspector Anthony Nicholson (Prosecutor) Pymble No 1 (Defendant in IRC 621 of 2009) Silvio Molinara (Defendant in IRC 633 of 2009) Representation: Mr R Reitano of counsel (Prosecutor) WorkCover Legal Group (Prosecutor) Mr S Molinara in person (Defendant) File Number(s): IRC 621 & 633 of 2009