Safe Work (NSW v Activate Fire PL; Safe Work (NSW) v Unity (NSW) P/L [2016] NSWDC 440

District Court New South Wales

Medium Neutral Citation: Safe Work (NSW v Activate Fire PL; Safe Work (NSW) v Unity (NSW) P/L [2016] NSWDC 440 Hearing dates: 29 November 2016 Date of orders: 30 November 2016 Decision date: 30 November 2016 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1. I extend time to serve the proof of evidence of Peter Wells by the prosecutor to 29 November 2016. 2. I direct that Mr Wells not be called until the trial resumes at a date to be fixed at the end of the time allocated. 3. I reserve any question of costs relating to this issue to the end of the trial. Catchwords: CRIMINAL LAW – prosecution – workplace injury – injury to employee EVIDENCE – admissibility of evidence – evidence sought to be relied on after service of prosecution brief of evidence – prejudice to defendants Legislation Cited: Criminal Procedure Act 1986 s.188 Work Health and Safety Act 2011 s.32 Cases Cited: DPP v Lazzam [2016] NSWSC 145 Category: Procedural and other rulings Parties: Safe Work (NSW) (Prosecutor) Acitvate Fire P/L (First Defendant) Unity (NSW) P/L (Second Defendant) Representation: Counsel: Mr M Moir (Prosecutor) Mr C O'Neil (First Defendant) Mr C Magee (Second Defendant)

Solicitors: Safe Work (NSW) (Prosecutor) SBC legal Services (First Defendant) Dettman Longworth Lawyers (Second Defendant) File Number(s): 2016/0007706 (First Defendant) 2016/00077902 (Second Defendant) Publication restriction: None