Orr v Hunter Quarries Pty Ltd (No. 5) [2021] NSWDC 171

Orr v Hunter Quarries Pty Ltd (No. 5) [2021] NSWDC 171

The District Court retains power, before making final orders, to withdraw previously submitted questions in a Stated Case and to refer additional questions to the Court of Criminal Appeal under s 5AE of the Criminal Appeal Act. Questions concerning the proper interpretation and application of 'reasonably practicable' and 'reasonable foreseeability' under the WHS Act constitute questions of law suitable for referral. Accordingly, the original Stated Case questions were withdrawn and new questions directed to be engrossed and submitted.

Jurisdiction
Australia
Judgment Date
13 May 2021
Procedural Posture
Criminal / Procedural Ruling on Stated Case Amendment Prior to Final Orders
Outcome
Orders made for withdrawal of all questions in the existing Stated Case and for submission of amended Stated Case with new questions of law to the Court of Criminal Appeal.
Legal Topics
['stated Case Procedure' 'question of Law' 'reasonable Foreseeability' 'reasonably Practicable Measures' 'withdrawal and Addition of Questions to Stated Case']
['criminal Law' 'work Health and Safety Law'] ['stated Case Procedure' 'question of Law' 'reasonable Foreseeability' 'reasonably Practicable Measures' 'withdrawal and Addition of Questions to Stated Case']

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Procedural Posture

Criminal / Procedural Ruling on Stated Case Amendment Prior to Final Orders

Legal Issues

  1. 1 ['Whether the District Court has power to withdraw questions from a Stated Case already submitted to the Court of Criminal Appeal' 'Whether the District Court has power to refer additional questions after submission of a Stated Case' 'Whether questions in a Stated Case are questions of law within section 5AE of the Criminal Appeal Act' "Interpretation of 'reasonable foreseeability' and 'reasonably practicable' under the Work Health and Safety Act"]

Ratio Decidendi

The District Court retains power, before making final orders, to withdraw previously submitted questions in a Stated Case and to refer additional questions to the Court of Criminal Appeal under s 5AE of the Criminal Appeal Act. Questions concerning the proper interpretation and application of 'reasonably practicable' and 'reasonable foreseeability' under the WHS Act constitute questions of law suitable for referral. Accordingly, the original Stated Case questions were withdrawn and new questions directed to be engrossed and submitted.

Court Disposition

Orders made for withdrawal of all questions in the existing Stated Case and for submission of amended Stated Case with new questions of law to the Court of Criminal Appeal.

Orders

  • ['The prosecutor is directed to engross the amended Stated Case in appropriate form for submission to the Court of Criminal Appeal.' 'The prosecutor is directed to provide the amended Stated Case to the Associate by 4.00pm on 20 May 2021.']