SafeWork NSW v SG Interior Linings Pty Ltd - [2025] NSWDC 249

District Court

New South Wales

Medium Neutral Citation: SafeWork NSW v SG Interior Linings Pty Ltd [2025] NSWDC 249
Hearing dates: 7 July 2025
Date of orders: 10 July 2025
Decision date: 10 July 2025
Jurisdiction: Criminal
Before: Russell SC DCJ
Decision:
(1)   SG Interior Linings Pty Ltd is convicted.
(2)   The appropriate fine is $120,000 but that will be reduced by 25% to reflect the early plea of guilty.
(3)   Order SG Interior Linings Pty Ltd to pay a fine of $90,000.
(4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor.
(5)   Order SG Interior Linings Pty Ltd to pay the prosecutor’s costs.

Catchwords:
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury
SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay appropriate penalty
COSTS – prosecution costs
OTHER – fall through void – failure to undertake adequate risk assessment – failure to enforce defendant’s control to use scissor lift – inadequate information, training and instruction to workers about hazards and controls – failure to provide adequate supervision to ensure compliance with SWMS – failure to prohibit work near voids and penetrations through which a person could fall

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 22
Fines Act 1996 (NSW), ss 6, 122
Work Health and Safety Act 2011 (NSW), ss 3, 19, 32

Cases Cited:
Baumer v R [1988] HCA 67; (1988) 166 CLR 51
Bulga Underground Operations Pty Limited v Nash [2016] NSWCCA 37; (2016) 93 NSWLR 338
BW v R [2011] NSWCCA 176
Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610
Mahdi Jahandideh v The Queen [2014] NSWCCA 178
Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120
Nash v Silver City Drilling (NSW) Pty Limited; Attorney General for NSW v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96
R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566
R v Wilkinson (No. 5) [2009] NSWSC 432
Unity Pty Limited v SafeWork NSW [2018] NSWCCA 266
Veen v The Queen (No. 2) [1988] HCA 14; (1988) 164 CLR 465

Texts Cited:
SafeWork NSW, Code of Practice - Construction Work, August 2019
SafeWork NSW, Code of Practice - Managing the risk of falls in the workplace, August 2019

Category: Sentence
Parties: SafeWork NSW (Prosecutor)
SG Interior Linings Pty Ltd (Defendant)
Representation:
Counsel:
N Evans (Prosecutor)
P Barry (Defendant)
Solicitors:
Department of Customer Service (Prosecutor)
KPT Defence Lawyers (Defendant)

File Number(s): 2024/167667

Judgment

SG Interior Linings Pty Ltd (SG) was engaged to complete plasterboard wall, ceiling linings and cladding works. On 6 May 2022 Mr Hongwei Dong, a worker carrying out work for the defendant on a window frame on level two of…

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.

Keep reading for free

Create a free CaseChat account to read SafeWork NSW v SG Interior Linings Pty Ltd 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: [2025] NSWDC 249
Decision Date: 10 July 2025

CaseChat Overview and Summary

The matter before the court involved SafeWork NSW prosecuting SG Interior Linings Pty Ltd for breaches of work health and safety regulations. The defendant was alleged to have failed in its duty to ensure the health and safety of its workers, leading to a significant incident where a worker fell through a void and sustained serious injuries. The case was heard in a relevant court with jurisdiction over criminal matters arising from work health and safety breaches.

The legal issues the court needed to address included whether the defendant had indeed failed to meet its obligations under the relevant work health and safety legislation, the objective seriousness of the offences, and the appropriate sentence considering various sentencing factors such as the defendant’s plea of guilty and capacity to pay. The court also needed to determine the quantum of costs to be awarded to the prosecutor.

In delivering the judgment, the court found that the defendant had indeed failed to comply with several safety requirements, leading to the incident. It considered the objective seriousness of the breaches, noting the potential for death or serious injury. The court took into account the defendant’s early guilty plea and its financial capacity, reducing the fine by 25%. The court also emphasised the need for general and specific deterrence. The court ordered a fine of $90,000 and directed that 50% of this amount be paid to the prosecutor, in addition to ordering the defendant to pay the prosecutor’s costs.

Orders

Orders of the court

(1) SG Interior Linings Pty Ltd is convicted.

(2) The appropriate fine is $120,000 but that will be reduced by 25% to reflect the early plea of guilty.

(3) Order SG Interior Linings Pty Ltd to pay a fine of $90,000.

(4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor.

(5) Order SG Interior Linings Pty Ltd to pay the prosecutor’s costs.

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.

Medium Neutral Citation:	SafeWork NSW v SG Interior Linings Pty Ltd [2025] NSWDC 249
Hearing dates:	7 July 2025
Date of orders:	10 July 2025
Decision date:	10 July 2025
Jurisdiction:	Criminal
Before:	Russell SC DCJ
Decision:	(1) SG Interior Linings Pty Ltd is convicted. (2) The appropriate fine is $120,000 but that will be reduced by 25% to reflect the early plea of guilty. (3) Order SG Interior Linings Pty Ltd to pay a fine of $90,000. (4) Order pursuant to Section 122(2) of the Fines Act 1996 (NSW) that 50% of the fine is to be paid to the prosecutor. (5) Order SG Interior Linings Pty Ltd to pay the prosecutor’s costs.
Catchwords:	CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – capacity to pay appropriate penalty COSTS – prosecution costs OTHER – fall through void – failure to undertake adequate risk assessment – failure to enforce defendant’s control to use scissor lift – inadequate information, training and instruction to workers about hazards and controls – failure to provide adequate supervision to ensure compliance with SWMS – failure to prohibit work near voids and penetrations through which a person could fall
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 22 Fines Act 1996 (NSW), ss 6, 122 Work Health and Safety Act 2011 (NSW), ss 3, 19, 32
Cases Cited:	Baumer v R [1988] HCA 67; (1988) 166 CLR 51 Bulga Underground Operations Pty Limited v Nash [2016] NSWCCA 37; (2016) 93 NSWLR 338 BW v R [2011] NSWCCA 176 Capral Aluminium Limited v WorkCover Authority of New South Wales [2000] NSWIRComm 71; (2000) 49 NSWLR 610 Mahdi Jahandideh v The Queen [2014] NSWCCA 178 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 Nash v Silver City Drilling (NSW) Pty Limited; Attorney General for NSW v Silver City Drilling (NSW) Pty Limited [2017] NSWCCA 96 R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566 R v Wilkinson (No. 5) [2009] NSWSC 432 Unity Pty Limited v SafeWork NSW [2018] NSWCCA 266 Veen v The Queen (No. 2) [1988] HCA 14; (1988) 164 CLR 465
Texts Cited:	SafeWork NSW, Code of Practice - Construction Work, August 2019 SafeWork NSW, Code of Practice - Managing the risk of falls in the workplace, August 2019
Category:	Sentence
Parties:	SafeWork NSW (Prosecutor) SG Interior Linings Pty Ltd (Defendant)
Representation:	Counsel: N Evans (Prosecutor) P Barry (Defendant) Solicitors: Department of Customer Service (Prosecutor) KPT Defence Lawyers (Defendant)
File Number(s):	2024/167667