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
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
R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566
R v Wilkinson (No. 5) [2009] NSWSC 432
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:
Solicitors:
N Evans (Prosecutor)
P Barry (Defendant)
Department of Customer Service (Prosecutor)
KPT Defence Lawyers (Defendant)
File Number(s): 2024/167667
Judgment
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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…
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- Case
- [2025] NSWDC 249
- Decision Date
CaseChat Overview and Summary
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
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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