SafeWork NSW v HD Projects Pty Ltd

SafeWork NSW brought an application against HD Projects Pty Ltd, seeking to admit fresh evidence in a case involving occupational health and safety. The dispute centred on the admissibility of statements from three individuals: Marc Dessens, Barry Ramm, and Adam Hamburger. The matter was heard in the Industrial Court of New South Wales. The primary legal issue was whether the new evidence could be admitted under the rules governing the admissibility of evidence in proceedings before the Industrial Court.

The court considered the principles established in previous cases regarding the admission of new evidence. The court examined whether the proposed new evidence was relevant, reliable, and necessary to ensure a fair trial. It was noted that the new evidence was not available at the time of the original hearing and that the delay in presenting it was not due to any fault of the applicant. Despite this, the court found that the proposed evidence did not meet the threshold for admissibility, as it did not significantly alter the outcome of the case and there was no compelling reason to depart from the usual rules against admitting new evidence at such a late stage.

Consequently, the Industrial Court determined that the new evidence proposed to be led from Marc Dessens, Barry Ramm, and Adam Hamburger was excluded. The court reserved the costs of the application, indicating that no costs would be awarded to either party at that time. The decision underscores the importance of strict adherence to the rules regarding the admissibility of new evidence in industrial court proceedings.