NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Inspector McCarthy (nee Shaw) v Siva & Jeya Pty Ltd [2015] NSWDC 15 Hearing dates: 05/08/2015, 07-08/08/2015, 11-14/08/2014, 18-19/08/2014, 29/09/2014, 13-14/11/2014 Decision date: 05 February 2015 Jurisdiction: Criminal Before: Kearns, DCJ Decision: I find the defendant guilty of the offence charged in the summons and the defendant is convicted accordingly. Catchwords: OCCUPATIONAL HEALTH AND SAFETY – accident in restaurant – burns injuries to waitress – waitress re-filling burner pot for bain-marie with methylated spirits - resultant explosion and fire – whether part of waitress' duties to handle bain-marie or burner pot – whether burner pots with methylated spirits constituted safe plant and equipment – whether the use of methylated spirits in burner pots constituted safe system of work – whether alternatives such as gel fuel in a can ought to have been used – gel fuel in a can used immediately following the incident – whether information and instruction provided to waitress – whether risk assessment undertaken Legislation Cited: Occupational Health and Safety Act 2000 Cases Cited: Thiess Pty Ltd v Industrial Court of New South Wales [2010] NSWCA 252, Dunlop Rubber Australia Limited v Buckley (1952) 87 CLR 313, Cahill v State of New South Wales (Department of Education and Training and Department of Juvenile Justice) (No.2) [2008] NSWIRComm 246 [772], WorkCover (Inspector Battye) v Patrick Container Ports Pty Ltd [2014] NSWDC 171, Simpson Design Associates Pty Ltd v Industrial Court of New South Wales [2011] NSWCA 316 Category: Principal judgment Parties: Inspector Sandra McCarthy (nee Shaw) (WorkCover Authority of New South Wales) (Prosecutor) Siva & Jeya Pty Ltd t/a The Blue Elephant Restaurant (Defendant) Representation: Counsel: Mr C Magee, instructed by DLA Piper Australia, appeared for the prosecutor Mr D O'Neil, instructed by Gnana-Karan Solicitors, appeared for the defendant File Number(s): 12/163779
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