WorkCover Authority of NSW v Eastern Basin Pty Ltd

The case of WorkCover Authority of NSW v Eastern Basin Pty Ltd involved a tragic incident where a stevedore was crushed and killed by a collapsing stack of aluminium ingots. The WorkCover Authority of New South Wales, acting on behalf of the deceased's estate, alleged that Eastern Basin Pty Ltd, the defendant, had failed to develop a safe configuration for loading the ingots onto vessels. This failure was alleged to have contributed to the stevedore's death. The case was heard in the Industrial Court of New South Wales.

The court was required to determine whether the height of the stacked ingots was inherently unstable, whether the strapping of the ingots was sufficient, whether the post-accident measure of revised strapping was adequate, and whether the measures particularised in the charge were reasonably practicable. Additionally, the court needed to consider whether the conduct of others was relevant to the issue of reasonable practicality.

In its judgment, the court found that the measures particularised in the charge were not reasonably practicable. The court determined that the inherent instability of the height of the stacked ingots, the adequacy of the strapping, and the post-accident measure of revised strapping did not meet the standard of reasonable practicality. The court further held that the conduct of others was not relevant to the issue of reasonable practicality. Consequently, the summons was dismissed, and the charges against Eastern Basin Pty Ltd were not upheld.