Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2:

1. On 13 February 2022 Mr Douglas Bennett was working at the Boral Cement Facility located at Taylor Avenue in New Berrima. Work was being done on a conveyor. The conveyor belt went into free run, over sped and a fluid coupling exploded. Mr Bennett suffered severe injuries when he was struck by metal from the exploding coupling.

Procedural Background

2. On 9 February 2024 SafeWork NSW (SafeWork) filed a Summons charging Boral Cement Ltd (Boral) with a breach of s 19(1) of the Work Health and Safety Act 2011 (NSW) (the WHS Act).

3. On 9 February 2024 SafeWork filed a Summons charging Fenner Dunlop Australia Pty Ltd (Fenner) with a breach of s 19(1) of the WHS Act.

4. On 9 February 2024 SafeWork filed a Summons charging Nepean Engineering and Innovation Pty Ltd (Nepean) with a breach of s 19(1) of the WHS Act. Nepean has pleaded guilty and a sentencing hearing is listed before me on 13 August 2025.

5. The broad allegations are that Boral:

1) engaged Nepean to perform work on a conveyor belt replacement on bucket elevator EL013, and refurbishment or replacement of the buckets on EL013.

2) engaged Fenner to provide conveyor maintenance services, including assisting with the changing of the conveyor belt, and refurbishment or replacement of the buckets on EL013.

6. Boral and Fenner have pleaded not guilty. The issue for present determination is whether there should be separate trials of the charge against Boral and the charge against Fenner, or whether there should be a joint trial.

7. Boral entered its plea of not guilty first. On 19 December 2024 I made orders that the matter was provisionally listed for a hearing of four weeks before me commencing on 27 October 2025. Directions were made to get the matter ready for hearing, including an order that the matter was listed for a preliminary hearing on 10 July 2025 to confirm the trial dates. When Boral entered its plea, Fenner was still considering its position and had not yet entered a plea.

8. The Fenner proceedings were listed before me on 11 February 2025. A plea of not guilty was entered. Orders were made in accordance with Short Minutes of Order agreed between SafeWork and Fenner. The matter was provisionally listed for a hearing of four weeks commencing on 27 October 2025. Orders were made, similar to those previously made in SafeWork v Boral, to get the matter ready for hearing.

9. On 11 February 2025 I enquired of SafeWork and Fenner whether they knew the attitude of Boral to a joint trial. I made an order directing both parties to speak to representatives of Boral to see whether it had any objection to a joint trial.

10. Boral does object to there being a joint trial. Fenner has changed its position and now also objects to there being a joint trial.

11. In both matters I made an order on 5 March 2025 listing the matter before me on 30 April 2025 to determine whether there should be a joint trial. All affidavits were to be filed and served by 19 March 2025.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1968a284947d1a7be1634dd2)

Disclaimer: Curated by HT Syndication.