Inspector Nicholson v Pymble No 1 Pty Ltd [2010] NSWIRComm 79

Inspector Nicholson v Pymble No 1 Pty Ltd [2010] NSWIRComm 79

It is impermissible for the Court to determine a strike out (dismissal) motion in the absence of an appropriate factual basis established by admissible evidence. As the application was not supported by properly adduced evidence, the defendants' application must be dismissed.

Jurisdiction
Australia
Judgment Date
30 June 2010
Procedural Posture
Occupational Health and Safety Prosecution / Interlocutory Application (strike Out Motion)
Outcome
Application to dismiss proceedings dismissed
Legal Topics
['prosecution Under S 10 and S 10(1) by Virtue of S 26 of the Occupational Health and Safety Act 2000' 'strike Out Application' 'control of Premises' 'evidentiary Requirements']
['occupational Health and Safety'] ['prosecution Under S 10 and S 10(1) by Virtue of S 26 of the Occupational Health and Safety Act 2000' 'strike Out Application' 'control of Premises' 'evidentiary Requirements']

Case Brief

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Procedural Posture

Occupational Health and Safety Prosecution / Interlocutory Application (strike Out Motion)

Legal Issues

  1. 1 ["Whether the defendants' application to dismiss (strike out) the proceedings should be granted for lack of evidence" 'Whether there is sufficient evidence as to control of premises by the corporate defendant under s 10 of the Act']

Ratio Decidendi

It is impermissible for the Court to determine a strike out (dismissal) motion in the absence of an appropriate factual basis established by admissible evidence. As the application was not supported by properly adduced evidence, the defendants' application must be dismissed.

Court Disposition

Application to dismiss proceedings dismissed

Orders

  • ["Defendants' application to dismiss the proceedings is dismissed." 'Costs are reserved.' 'Proceedings set down for hearing for five days from 25 October 2010 at 10am.']