NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Inspector Nicholson v Pymble No 1 Pty Ltd & Molinara (No 4) [2011] NSWIRComm 96 Hearing dates: 30 May 2011 Decision date: 26 July 2011 Jurisdiction: Industrial Court of NSW Before: Boland J, President, Walton J, Vice-President, Staff J Decision: 1. Leave to appeal is granted. 2. The appeal is dismissed. 3. There is no order as to costs. Catchwords: APPEAL - OCCUPATIONAL HEALTH AND SAFETY - appeal by prosecutor against dismissal of proceedings - breach of s 10(1) of the Occupational Health and Safety Act 2000 by corporate defendant - whether respondents had control of building site - 'control' - appeal dismissed Legislation Cited: Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000 Cases Cited: Inspector Dall v Brambles Australia [2006] NSWIRComm 213 Inspector Nicholson v Pymble No 1 Pty Ltd & Molinara (No 2) [2010] NSWIRComm 151 Inspector Nikolovski v McCrudden & Anor [2011] NSWIRComm 45 McMillan Britton and Kell Pty Ltd v Leslie Mervyn Blake [1999] NSWIRComm 80; (1999) 89 IR 464 WorkCover Authority of New South Wales (Inspector Callaghan) v Rowson [1994] NSWIRComm 199; [1994] NSWIRC 76 WorkCover Authority of New South Wales (Inspector Ching) v Bros Bins Pty Limited [2003] NSWIRComm 386; (2003) 130 IR 62 WorkCover Authority of New South Wales (Inspector Stewart) v Siemens Demantic Pty Limited (No 2) [2003] NSWIRComm 45; (2003) 121 IR 283 WorkCover Authority of NSW (Inspector Page) v Woolworths Ltd [1994] NSWIRComm 207; [1994] NSWIRC 95 Category: Principal judgment Parties: WorkCover Authority of New South Wales (Appellant) Pymble No 1 Pty Ltd (Respondent in IRC2010/1408) Silvio Molinara (Respondent in IRC2010/1409) Representation: Mr R Reitano of counsel (Appellant) Mr S Molinara in person (Respondents) WorkCover Authority of New South Wales (Appellant) In Person (Respondents) File Number(s): IRC 1408 of 2010 IRC 1409 of 2010 Decision under appeal Citation: Inspector Nicholson v Pymble No 1 Pty Ltd & Molinara (No 2) [2010] NSWIRComm 151 Date of Decision: 2010-11-12 00:00:00 Before: Marks J File Number(s): IRC 621 of 2009 IRC 633 of 2009
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate