Reilly v Devcon Australia Pty Ltd

The Supreme Court of Western Australia heard an appeal by Peter John Patrick Reilly against Devcon Australia Pty Ltd. The case involved an appeal from an acquittal in the Magistrates Court concerning charges under the Occupational Safety and Health Act 1984 (WA), following an incident where a concrete tilt-up panel fell and killed Desmond John Kelsh. The appeal was brought following the dismissal of charges against the respondent, Devcon Australia Pty Ltd, by a Magistrate on 19 October 2005. The primary legal issue before the court was whether to dismiss the appeal for want of prosecution due to significant unexplained delays by the appellant in complying with programming orders.

The court examined the principles for dismissing an appeal for want of prosecution, particularly focusing on the balance between the rights of the acquitted defendant to a prompt resolution of the appeal and the public interest in the authoritative determination of questions of law and fact in occupational health and safety prosecutions. The court noted that while the delay was significant and unexplained, it was not inordinate when compared to other cases. However, the court highlighted the importance of a prompt resolution for the acquitted defendant and the public interest in upholding Occupational Health and Safety laws.

Ultimately, the court decided that justice could be served without dismissing the appeal immediately. The court ordered the appellant to comply with the programming orders by 7 June 2006, with the condition that if the appellant failed to do so, the respondent could relist the application for dismissal before the court. The court also noted that it would hear from the parties regarding a revised timetable for further orders and the costs of the application.