NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Orr v LakeCoal Pty Limited [2019] NSWDC 178 Hearing dates: 14 May 2019 Date of orders: 16 May 2019 Decision date: 16 May 2019 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) I find that the prosecutor does not need leave to continue this prosecution.
(2) Pursuant to r 53.28 of the District Court Rules 1973, the prosecutor is granted leave to tender the following expert reports as the evidence-in-chief of those expert witnesses:
(a) Report of Mr Jason Wagstaffe, engineer and workplace safety risk management expert, dated 3 July 2018;
(b) Report of Mr Martin Burns, registered land surveyor, undated but finalised 3 December 2018;
(c) Report of Ms Judy Turnbull, metallurgist, dated 7 December 2018;
(d) Report of Mr Tim White, forensic mechanical engineer, dated 7 December 2018.
(3) Pursuant to r 53.28 of the District Court Rules 1973, the prosecutor is granted leave to file affidavits of the following witnesses and to tender those affidavits as the evidence-in-chief of those witnesses:
(a) Inspector Gregory Delmenico; (b) Inspector Steven Bath; (c) Inspector Andrew Tull; and (d) Inspector Timothy Flowers.
(4) The prosecutor shall provide to the court a hearing plan setting out the proposed order of witnesses by 28 May 2019.
(5) Liberty to apply on three days notice. Catchwords: CORPORATIONS - company subject to creditors' voluntary winding up – whether prosecutor needs leave to continue prosecution – s 471B, s 500(2) Corporations Act 2001 (C'th) Legislation Cited: Corporations Act 2001 (C'th) District Court Rules 1973 Occupational Safety and Health Act 1984 (WA) Work Health and Safety Act 2011 Cases Cited: WorkCover Authority of New South Wales (Inspector Maltby) v Josef & Sons Contracting Pty Ltd (In Liquidation) [2002] NSWIRComm 226 Worksafe Western Australia Commissioner v Australian Countertop Pty Limited (In Liquidation) [2014] WASC 413 Category: Procedural and other rulings Parties: Stephen James Orr (Prosecutor) LakeCoal Pty Limited (Defendant) Representation: Counsel: K Nomchong SC (Prosecutor)
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