Inspector Orr v Perilya Broken Hill Limited; Inspector Orr v Perilya Limited [2018] NSWDC 131

District Court New South Wales

Medium Neutral Citation: Inspector Orr v Perilya Broken Hill Limited; Inspector Orr v Perilya Limited [2018] NSWDC 131 Hearing dates: 13 April 2018 Date of orders: 13 April 2018 Decision date: 13 April 2018 Jurisdiction: Criminal Before: Kearns DCJ Decision: The prosecutor is to pay 10% of Perilya Limited's costs of the proceedings as agreed or assessed in accordance with s 257G of the Criminal Procedure Act. Perilya Broken Hill Limited is to pay 80% of the prosecutor's costs of the proceedings as agreed or assessed in accordance with s 257G of the Criminal Procedure Act. Catchwords: CRIMINAL LAW – PROSECUTION – WORK HEALTH AND SAFETY COSTS Legislation Cited: Criminal Procedure Act 1986 Cases Cited: Currabubula & Paola v State Bank NSW [2000] NSWSC 232; King Network Group Pty Ltd v Club of the Clubs Pty Ltd (No 2) [2009] NSWCA 204 Category: Costs Parties: NSW Department of Planning and Environment – Stephen James Orr, Investigator, Inspector and Manager, Regulatory Audit and Investigation (Prosecutor); Perilya Broken Hill Limited (Defendant) Representation: Counsel: Mr J Agius SC with Mr C Magee appeared for the Prosecutor; Mr B Hodgkinson SC with Mr M Shume appeared for the Defendant

Solicitors: Norton Rose Fulbright instructed by the Prosecutor; Colin Biggers and Paisley instructed by the Defendant File Number(s): 2014/176345 (Perilya Broken Hill Limited)2014/176265 (Perilya Limited)

Judgment 1. On 28 February 2018, I found Perilya Broken Hill Limited (PBHL) guilty of a Category 2 offence under s 32 of the. I found Perilya Limited (Perilya) not guilty. Both matters fall for ruling on costs.