WorkCover Authority of NSW v Eastern Basin Pty Ltd [2015] NSWDC 92

District Court New South Wales

Medium Neutral Citation: WorkCover Authority of NSW v Eastern Basin Pty Ltd [2015] NSWDC 92 Hearing dates: 6 – 8 May 2015 Decision date: 09 June 2015 Jurisdiction: Criminal Before: Curtis, J Decision: The summons is dismissed Catchwords: OCCUPATIONAL HEALTH AND SAFETY – stevedore crushed and killed by a collapsing stack of aluminium ingots – ingots assembled by defendant – allegation that the defendant failed to develop a safe configuration for loading onto vessels – whether height of the stacked ingots was inherently unstable - whether strapping of ingots was sufficient – whether post-accident measure of revised strapping was adequate – whether measures particularised in the charge were reasonably practicable – whether conduct of others is relevant to the issue of reasonable practicality Legislation Cited: Work Health and Safety Act 2011 Evidence Act 1995 Occupational Health Safety and Welfare Act 1986 (SA) Occupational Health and Safety Act 2004 (Vic) Navigation Act 2012 (Cth) (Marine Order 32) Cases Cited: Kirk v Industrial Relations Commission [2010] HCA 1 Slivak v Lurgi Pty Ltd [2001] 205 CLR 304 Chugg v Pacific Dunlop Ltd [1990] 170 CLR 249 Baiada Poultry Pty Ltd v the Queen [2012] HCA 14 Briginshaw v Briginshaw [1938] 34; (1938) 60 CLR 336 Texts Cited: Starkie's Law of Evidence Category: Principal judgment Parties: WorkCover Authority of New South Wales (Prosecutor) Eastern Basin Pty Ltd (Defendant) Representation: Counsel: M B J Lee SC with C Magee (Presecutor) B D Hodgkinson SC with G H Livermore (Defendant)