Diemould Tooling Services Pty Ltd v Oaten

Link copied
Case Copied 79 min read

SUPREME COURT OF SOUTH AUSTRALIA

(Full Court)

DIEMOULD TOOLING SERVICES PTY LTD v OATEN; SANTOS LIMITED v MARKOS

[2008] SASC 197

Judgment of The Full Court

(The Honourable Chief Justice Doyle, The Honourable Justice Gray and The Honourable Justice White)

17 July 2008

INDUSTRIAL LAW - SOUTH AUSTRALIA - APPEALS AND REFERENCES - CASES STATED TO SUPREME COURT

APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - OTHER CASES

STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - PARTICULAR WORDS AND PHRASES - SPECIFIC INTERPRETATIONS

Whether the complaint against Diemould Tooling Services Pty Ltd and the information against Santos Limited breach the rule against duplicity - proper interpretation of s 19 and s 22(2) of the Occupational Health Safety and Welfare Act 1986 (SA) - whether prosecutor must elect to proceed on one count only or whether prosecutor can amend complaint and information - whether this would amount to laying new charges after expiry of time.

Held: appeals dismissed.  No defect in complaint or information.

Occupational Health Safety and Welfare Act 1986 (SA) s 19, s 22, s 58, s 59, s 60, s 60A, s 63A; Companies Act 1958 (Vic); Magistrates Court Act 1991 (SA) s 43; Fair Work Act 1994 (SA) s 191; Summary Procedure Act 1921 (SA) s 22A, s 51; Acts Interpretation Act 1915 (SA) s 30; Acts Interpretation Act 1904 (Cth) s 3; Licensing Act 1932-1935 (SA) s 209(1), referred to.
Dinko Tuna Farmers v Markos (2007) 98 SASR 96; Romeyko v Sanuels (1972) 2 SASR 529; Montgomery v Stewart (1967) 116 CLR 220; Island Maritime Limited v Filopowski (2006) 226 CLR 328; Walsh v Tattersall (1996) 188 CLR 77; Chugg v Pacific Dunlop Limited (1990) 170 CLR 249; Chugg v Pacific Dunlop Limited [1998] VR 411; BHAS v Stevenson (1991) 68 SAIR 759; Pearce v The Queen (1998) 194 CLR 610; Johnson v Miller (1937) 59 CLR 467; Byrne v McLeod (1934) 52 CLR 1, applied.
Broken Hill Associated Smelters Pty Ltd v Stevenson (1991) 42 IR 130; Boral Gas (NSW) Pty Ltd v Magill (1995) 37 NSWLR 150; Australian Char Pty Ltd (1995) 79 A Crim R 427; Meiklejohn (1998) 100 A Crim R 521; Oaten v Diemould Tooling Services Pty Ltd; Markos v Santos Ltd [2007] SAIRC 44; S v The Queen (1989) 168 CLR 266, discussed.

DIEMOULD TOOLING SERVICES PTY LTD v OATEN; SANTOS LIMITED v MARKOS
[2008] SASC 197

Full Court:  Doyle CJ, Gray and White JJ

  1. DOYLE CJ:          I have had the benefit of reading the reasons of Gray J.  His reasons set out the statutory provisions and other matters that provide the background to these appeals.  I will not repeat that material, except where necessary to do so as part of my own reasons.

  2. The primary issue argued on appeal is whether the complaint against Diemould Tooling Services Pty Ltd (“Diemould”) and the information against Santos Limited (“Santos”)…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Diemould Tooling Services Pty Ltd v Oaten and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2008] SASC 197
Decision Date

CaseChat Overview and Summary

In the case of Diemould Tooling Services Pty Ltd v Oaten, the parties involved were Diemould Tooling Services Pty Ltd and Santos Limited, with the dispute concerning whether the complaint and information against Diemould breached the rule against duplicity and the proper interpretation of sections 19 and 22(2) of the Occupational Health Safety and Welfare Act 1986 (SA). The matter was heard and determined in the Supreme Court of South Australia.

The primary legal issue before the court was the interpretation of sections 19 and 22(2) of the Occupational Health Safety and Welfare Act 1986 (SA) to determine whether the complaint and information against Diemould constituted a breach of the rule against duplicity. A secondary issue involved whether the prosecutor must elect to proceed on one count only or if they could amend the complaint and information, and whether such an amendment would amount to laying new charges after the expiry of the time limit.

The court found that the sections in question created only one offence, making it unnecessary to address the hypothetical questions of election and amendment. The court declined to answer the referred questions regarding these issues, as they required knowledge of the precise terms of any proposed amendment before considering the detailed submissions advanced. The court concluded that both appeals should be dismissed.

The final orders of the court were to dismiss both appeals, in agreement with the reasons provided by the Chief Justice. The reasoning and outcome underscore the importance of clear statutory interpretation and the procedural constraints on amendments to complaints and information in criminal proceedings.

Orders

Orders of the court

Full text does not contain this section.

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

Having regard to my earlier conclusions that the sections in question relevantly create only the one offence, it is not appropriate to address and resolve what have become the hypothetical questions of election and amendment. For those issues to properly be addressed, the Court would need to know the precise terms of any proposed amendment before considering the detailed submissions advanced. Accordingly I would decline to answer the questions referred in regard to these issues. Conclusion Both appeals should be dismissed. WHITE J: I agree with the orders proposed by the Chief Justice and with his reasons.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.