NK Collins Industries Pty Ltd v President of the Industrial Court of Queensland
[2013] QCA 179
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A complaint was made against NK Collins alleging that it had failed to discharge an obligation imposed upon it by the Workplace Health & Safety Act 1995 in that it had failed to ensure the workplace health and safety of an employee who died whilst engaged in felling trees in a forest. An Industrial Magistrate found NK Collins guilty.
Primary Judgment
(No citation)
27 Apr 2010
Appeal to the Industrial Court of Queensland dismissed: President Hall.
Primary Judgment
[2010] QSC 373
14 Oct 2010
The applicant sought an order in the nature of certiorari quashing the decision of Industrial Court on the ground that “the Industrial Court misconstrued provisions contained in Part 3 of the Workplace Health & Safety Act 1995 and thereby misconceived the extent of its powers by confirming the conviction of the applicant by the Industrial Magistrate on 21st September 2009. Application allowed. Orders below set aside. Remitted to the Industrial Court: Boddice J.
Primary Judgment
(No citation)
22 Mar 2011
Reconsideration by the Industrial Court of the matter remitted by Boddice J. Appeal from the Industrial Magistrate’s decision dismissed: President Hall.
Primary Judgment
[2012] QSC 147
08 Jun 2012
Further application for review seeking an order in the nature of certiorari quashing the decision of the Industrial Court on 27 April 2010. Application dismissed: Martin J.
Appeal Determined (QCA)
[2013] QCA 179 [2014] 2 Qd R 304
12 Jul 2013
Appeal allowed. Set aside the orders made by Martin J on 8 June 2012. Set aside the order of the industrial Court made on 22 March 2011 dismissing the applicant’s appeal from the Industrial Magistrate’s decision. Remit the matter to the Industrial Court for hearing and determination according to law.: Holmes and Fraser JJA and Margaret Wilson J.
Appeal Status
Appeal Determined (QCA)
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