Inspector McDonald v Solo Waste Aust. [2004] NSWIRComm 43

Inspector McDonald v Solo Waste Aust. [2004] NSWIRComm 43

Leave to withdraw the guilty plea was refused because Solo Waste Aust. Pty Limited, as corporate trustee, was the proper defendant and employer, and the trust was not a juristic person capable of employing staff.

Parties
Prosecutor: Inspector Ian Clifford McDonald; Defendant: Solo Waste Aust. Pty Limited
Jurisdiction
Australia
Judgment Date
09 March 2004
Procedural Posture
Prosecution / Interlocutory Judgment
Outcome
Leave to withdraw guilty plea refused
Legal Topics
Withdrawal of Guilty Plea, Trust Law, Identity of Employer
Occupational Health and Safety Industrial Law Withdrawal of Guilty Plea Trust Law Identity of Employer

Case Brief

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Parties

Inspector Ian Clifford McDonald

Prosecutor

Solo Waste Aust. Pty Limited

Defendant

Procedural Posture

Prosecution / Interlocutory Judgment

Legal Issues

  1. 1 Whether Solo Waste Aust. Pty Limited can withdraw its guilty plea
  2. 2 Whether the defendant is the employer under section 15(1) of the Occupational Health and Safety Act 1983
  3. 3 Whether a trust may be considered a juristic person and an employer under law

Ratio Decidendi

Leave to withdraw the guilty plea was refused because Solo Waste Aust. Pty Limited, as corporate trustee, was the proper defendant and employer, and the trust was not a juristic person capable of employing staff.

Court Disposition

Leave to withdraw guilty plea refused

Orders

  • Leave to withdraw guilty plea is refused