Betterlay Brick and Block Laying Pty Ltd v Williamson - [2018] QDC 172

DISTRICT COURT OF QUEENSLAND

CITATION:

Betterlay Brick and Block Laying Pty Ltd v Williamson [2018] QDC 172

PARTIES:

BETTERLAY BRICK AND BLOCK LAYING PTY LTD
(appellant)

v

IAN WILLIAMSON
(respondent)

FILE NO/S:

D40/17

DIVISION:

Appellate

PROCEEDING:

Appeal

ORIGINATING COURT:

Magistrates Court at Beenleigh

DELIVERED ON:

24 August 2018

DELIVERED AT:

Brisbane

HEARING DATE:

17 April 2018

JUDGE:

Richards DCJ

ORDER:

Appeal allowed. Convictions set aside. The respondent is ordered to pay the appellants costs of this appeal and the summary trial as agreed or to be assessed

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – PROCEDURE – QUEENSLAND – WHEN APPEAL LIES – GENERALLY – where the appellant was convicted in the Magistrates Court for failing to comply with its health and safety duty – whether the appellant breached its duty – whether the Magistrate erred in finding that all the elements of the offence had been proved beyond a reasonable doubt– whether the offence occurred on the date stated in the complaint - whether the appeal should be allowed.

COUNSEL:

Mr R Perry QC for the appellant

Mr P Matthews for the respondent

SOLICITORS:

Norton Rose Fulbright Australia for the appellant

Office of the Industrial Relations for the respondent

The appellant was convicted on 12 October 2017 under section 33 of the Work Health and Safety Act2011 (Qld) (“the Act”) of an offence of failure to comply with its health and safety duty under section 19(2) of the Act. A fine of $35,000 was imposed together with an order to pay the costs of the prosecution. The appellant has appealed against that conviction.

The appellant has appealed on three grounds:

1. The learning acting Magistrate erred in finding that the complainant had established elements of the offence charged by the complainant made on 2 December 2016, that Betterlay Brick and Block Laying Pty Ltd failed to discharge its duty under section 19(2), contrary to section 33 of the Act to ensure so far as is reasonably practical that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking on 2 December 2014.

2. The learned acting Magistrate erred in finding that the health and safety of other persons were put at risk from work carried out as part of the conduct of the business or undertaking of Betterlay Brick and Block Laying Pty Ltd.

3. The learned acting Magistrate erred in finding that Betterlay Brick and Block Laying Pty Ltd did not take steps which were reasonably practicable to ensure the health and safety of other persons was not at risk from work carried out as a part of the conduct of the business or undertaking.

The complaints alleged that:

“On the second day of December 2014 at Beenleigh in the Beenleigh Magistrates Court’s District appointed under the Justice Act 1886, Betterlay Brick and Block Laying Pty Ltd being a company duly incorporated according to law and a person who had…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2018] QDC 172
Decision Date: 24 August 2018

CaseChat Overview and Summary

Betterlay Brick and Block Laying Pty Ltd appealed against its conviction by the Magistrates Court for failing to comply with its health and safety duty under the Work Health and Safety Act 2011 (Qld). The appeal was heard in the Queensland Court of Appeal. The primary concern was whether the company breached its health and safety obligations and if the Magistrate erred in concluding that all elements of the offence were proven beyond reasonable doubt. Additionally, the appeal questioned whether the offence occurred on the date stated in the complaint.

The court considered whether the company had indeed failed to take reasonable steps to ensure the safety of its employees and if the Magistrate correctly assessed the evidence. It examined the statutory obligations imposed on the company and the extent to which those obligations were met. The court also scrutinised the timing of the alleged offence, verifying if it transpired on the date specified in the complaint. The appeal hinged on whether the Magistrate's findings were legally sound and supported by the evidence presented.

The Queensland Court of Appeal determined that the Magistrate had erred in concluding that the company breached its duty, as the evidence did not sufficiently establish the required elements of the offence. The court found that the offence, if it occurred, did not happen on the date stated in the complaint, leading to a doubt about the timing and factual basis of the conviction. Consequently, the appeal was allowed, and the convictions were set aside. The respondent was ordered to pay the appellants' costs of the appeal and the summary trial as agreed or to be assessed.

Orders

Orders of the court

Appeal allowed. Convictions set aside. The respondent is ordered to pay the appellants costs of this appeal and the summary trial as agreed or to be assessed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Betterlay Brick and Block Laying Pty Ltd v Williamson [2018] QDC 172
PARTIES:	BETTERLAY BRICK AND BLOCK LAYING PTY LTD (appellant) v IAN WILLIAMSON (respondent)
FILE NO/S:	D40/17
DIVISION:	Appellate
PROCEEDING:	Appeal
ORIGINATING COURT:	Magistrates Court at Beenleigh
DELIVERED ON:	24 August 2018
DELIVERED AT:	Brisbane
HEARING DATE:	17 April 2018
JUDGE:	Richards DCJ
ORDER:	Appeal allowed. Convictions set aside. The respondent is ordered to pay the appellants costs of this appeal and the summary trial as agreed or to be assessed
CATCHWORDS:	APPEAL AND NEW TRIAL – APPEAL – PROCEDURE – QUEENSLAND – WHEN APPEAL LIES – GENERALLY – where the appellant was convicted in the Magistrates Court for failing to comply with its health and safety duty – whether the appellant breached its duty – whether the Magistrate erred in finding that all the elements of the offence had been proved beyond a reasonable doubt– whether the offence occurred on the date stated in the complaint - whether the appeal should be allowed.
COUNSEL:	Mr R Perry QC for the appellant Mr P Matthews for the respondent
SOLICITORS:	Norton Rose Fulbright Australia for the appellant Office of the Industrial Relations for the respondent