Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11:

1. Bellabrae Homes Pty Ltd (Bellabrae) is a registered corporation, with its registered address at 31 Bugle Circuit, Kellyville NSW 2155, from which it operated as a person conducting a business or undertaking (PCBU) in residential construction. At all material times, Mr Gagandeep Jitla (Mr Jitla) was the sole director of Bellabrae.

2. Bellabrae entered a plea of guilty to an offence that, as a PCBU, it had a health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) (WHS Act) to ensure, so far as is reasonably practicable, the safety of workers while workers are at work in the business or undertaking. Bellabrae failed to comply with its duty and this failure exposed workers, including Mr Lachlan Sloane (Mr Sloane) and Mr Benjamin Nicol (Mr Nicol), to a risk of death or serious injury contrary to s 32 of the WHS Act.

3. The prosecutor tendered the Prosecution Sentence Tender Bundle which became exhibit A, and an affidavit of Natalie Martin affirmed 23 April 2025 which became exhibit B. Bellabrae tendered an affidavit of Mr Gagandeep Singh Jitla affirmed on 5 May 2025 which became exhibit 1.

Background

4. Bellabrae was the principal contractor of a new build at 46 Whitsunday Crescent, North Kellyville, New South Wales (the site), which was a workplace within the meaning of s 8 of the WHS Act. Mr Jitla attended the site approximately three to four times per week.

5. Mills & Watson Plumbing Pty Ltd (ACN 633 938 119) (Mills & Watson) operated as a PCBU in plumbing, drainage, pipelines and excavations for residential, commercial and industrial properties, and Mr Christopher Mills (Mr Mills) was the director of Mills & Watson.

6. On or about May 2022, Bellabrae subcontracted to Mills & Watson for the internal and external plumbing work involved for the new build at the site.

7. Approximately 6-8 weeks prior to the incident and before plumbing work commenced, Excon Services Excavation (Excon) was engaged by Bellabrae to excavate the site in order to lay a concrete slab (the concrete slab). This excavation formed an excavated face more than 1.5 metres high (the earthen wall) along the eastern boundary of the site.

8. The plumbing work to be undertaken by Mills & Watson at the site required additional excavation work to be undertaken in order to lay plumbing pipes. Mills & Watson subcontracted this excavation work to Rijo Civil Pty Ltd (Rijo) who then subcontracted to JG Plumbing and Excavation Pty Ltd (JG Plumbing). Rijo did not attend the site.

9. At all material times, the following workers were performing works at the site:

1) Mr Sloane, who was a second-year apprentice obtaining the Plumbing Certificate II, and had been employed by Mills & Watson since 1 June 2020.

2) Mr Nicol, who was a drainer and supervisor employed by Mills & Watson for 10 months and had been performing plumbing and draining work for approximately 11 to 12 years.

3) Jack Godwin (Mr Godwin), excavator operator engaged by JG Plumbing and one of its directors.

4) Aidan Shannon (Mr Shannon), pipe layer engaged by JG Plumbing.

10. Mr Sloane, Mr Nicol and Mr Godwin had not been to the site before the day of the incident. Mr Nicol had worked with Mr Godwin and Mr Shannon on approximately 10 to 15 jobs prior to the incident. Mr Mills had known Mr Shannon and Mr Godwin for approximately 10 years. Both Mr Shannon and Mr Godwin had conducted their apprenticeships for Mr Mills.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197f6d44672c6340528f3a5d)

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