SafeWork NSW v Landmark Roofing Pty Ltd (No. 3)

SafeWork NSW brought an application against Landmark Roofing Pty Ltd, seeking to suspend the payment of a fine and costs imposed on the company following a conviction for breaches of occupational health and safety legislation. The application was heard by the Land and Environment Court of New South Wales, which had earlier found the company guilty of the offences. The matter was primarily procedural, focusing on the suspension of enforcement of the fine and costs while an appeal against the conviction and penalty was being prosecuted.

The primary legal issue before the court was whether the applicant had demonstrated arguable grounds of appeal and whether the balance of convenience favoured the suspension of the fine and costs pending appeal. The court also needed to determine suitable conditions under which any suspension could be granted. The applicant argued that there were arguable grounds for appeal, particularly concerning the sufficiency of evidence and the application of the law by the primary judge. Landmark Roofing opposed the application on the basis that the fine and costs should be paid promptly and that the appeal was unlikely to succeed.

The court found that there were arguable grounds for appeal, noting that the evidence presented was contentious and the application of the law by the primary judge was debatable. The balance of convenience favoured the suspension of the fine and costs pending appeal, as the significant financial penalty could potentially prejudice the company's ability to effectively prosecute the appeal. The court imposed conditions for the suspension, including the payment of a substantial sum into court and the filing of a written undertaking to prosecute the appeal diligently. The court determined that these conditions were sufficient to mitigate any potential prejudice to SafeWork NSW while allowing Landmark Roofing to pursue its appeal.

The court ordered that the payment of the fine and costs be suspended until further order, subject to the conditions outlined in the order. Specifically, Landmark Roofing was required to pay $85,000 into court by 16 November 2020 and file a written undertaking to prosecute its appeal with due despatch by the same date. The court granted liberty to apply for further orders.