Simpson Design Associates Pty Ltd v Industrial Court of New South Wales [2011] NSWCA 316

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Simpson Design Associates Pty Ltd v Industrial Court of New South Wales [2011] NSWCA 316 Hearing dates: 15 August 2011 Decision date: 30 September 2011 Before: Bathurst CJ at 1 Allsop P at 2 Beazley JA at 8 Basten JA at 9 Sackville AJA at 20 Decision: 1. Application dismissed. 2. Applicant to pay the second respondent's costs of the application. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: JUDICIAL REVIEW - challenge to conviction in the Industrial Court under s 11(1)(a) of the Occupational Health and Safety Act 2000 - applicant the designer of a heavy gate which fell and killed a person at a workplace - applicant's defence of novus actus interveniens rejected - whether Industrial Court applied the wrong test for causation - whether design defect overtaken by subsequent negligent failure by third party to correct the defect - whether decision affected by fundamental error Legislation Cited: Trade Practices Act 1974 (Cth)

Criminal Appeal Act 1912 Criminal Procedure Act 1986 Industrial Relations Act 1996 Interpretation Act 1986 Justices Legislation Repeal and Amendment Act 2001 Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000 Supreme Court (Summary Jurisdiction) Act 1967 Supreme Court Act 1970