District Court New South Wales Medium Neutral Citation: Inspector Nash v Bulga Underground Operations Pty Ltd (re Newstead) (2) [2015] NSWDC 30 Decision date: 05 March 2015 Jurisdiction: Criminal Before: Kearns, DCJ Decision: For reasons given at [189] to [197] and [198] to [203], the prosecutor has made good her case on particular i.i. and i.iii, but not on particular i.ii. Particular i.ii, dealing with the SFM Plans, fails also for reasons set out at [154] to [162]. Category: Consequential orders (other than Costs) Parties: Jennifer Ann Nash, Director, Mine Safety Performance, NSW Department of Trade and Investment, Regional Infrastructure and Services (Prosecutor) Bulga Underground Operations Pty Limited (Defendant) Representation: Counsel: Mr C Magee, instructed by Crown Solicitor for NSW (Prosecutor) Mr D Buchanan SC, instructed by Sparke Helmore (Defendant) File Number(s): 2012/244559 Inspector Nash v Bulga Underground Operations Pty Ltd (re Newstead) [2015] NSWDC 6 1. The parties have drawn to my attention my treatment of particulars in i.i, i.ii and i.iii and left it to me to review that treatment and apply any correction I consider appropriate under the slip rule. 2. The parties' concern is proper. It is evident that in dealing with particulars i.i, i.ii and i.iii, I turned to further particulars or items that were set out in the prosecutor's submissions and considered each of those items. I then failed to relate back to particulars i.i, i.ii and i.iii in my consideration of those items. 3. For reasons given at [189] to [197] and [198] to [203], the prosecutor has made good her case on particular i.i. and i.iii, but not on particular i.ii. Particular i.ii, dealing with the SFM Plans, fails also for reasons set out at [154] to [162]. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 16 March 2015