Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2:
1. On 25 July 2022 Mr Angus Hoskins was severely injured when he fell from height while working on residential premises at Avalon Beach. Mr Hoskins was employed by Wrigley Roofing Co Pty Ltd (Wrigley). Customconstruction Pty Ltd (Customconstruction) was the corporation undertaking the residential construction work. Customconstruction engaged Wrigley to undertake roofing work at the site.
2. By a Summons filed in this court on 26 June 2024, SafeWork NSW (SafeWork) charged Customconstruction with an offence under the Work Health and Safety Act 2011 (NSW) (the WHS Act).
3. By a Notice of Motion filed in this court on 19 February 2025 SafeWork seeks leave to amend the Summons. In support of that motion SafeWork relies upon the Affidavit of Ms Smith dated 18 February 2025 (PX1). Ms Smith is a solicitor for SafeWork. A marked-up version of the Proposed Amended Summons was handed up (MFI 4)
4. Customconstruction opposes the amendment of the Summons. By a Notice of Motion filed on 5 March 2025 Customconstruction seeks an order that the Summons be dismissed. Customconstruction relies upon the Affidavit of its solicitor Mr Selinger dated 5 March 2025 (DX1).
5. SafeWork filed written submissions (MFI 1 and MFI 2) and Customconstruction filed written submissions (MFI 3). Both motions were heard on 16 April 2025. Counsel made further oral submissions.
The Amendments Sought
6. SafeWork seeks leave to amend the Summons in two respects. Firstly, it seeks leave to amend the "Details of Offence" on the first page of the Summons. Secondly, SafeWork seeks to amend the particulars of the risk pleaded in par 21 of Annexure A to the Summons.
7. Under the heading "Details of Offence" in the Summons the following appears:
"Details of Offence
On 25 July 2022 at [address] Avalon Beach, New South Wales, Customconstruction Pty Ltd (the defendant), being a person conducting a business or undertaking who had a duty under section 19(1) of the Work Health and Safety Act 2011 (the Act) to ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of its business or undertaking, did fail to comply with that duty and the failure to comply with that duty exposed other persons to a risk of death or serious injury contrary to section 32 of the Act.
Date of offence: 25 July 2022
Place of offence: [address] Avalon Beach, NSW
Particulars: Attached as 'Annexure A'.
Statutory provision describing offence: Section 19(1) and 32 of the Work Health and Safety Act 2011.
Law part code: 75970"
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19684817b607c111ecb81644)
Disclaimer: Curated by HT Syndication.
