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A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Construction

Thursday, 20 November 2014

Executive Summary (One Minute Read)
Hunter Quarries Pty Ltd v State of NSW (Dept of Trade & Investment) (NSWSC) - administrative law - death of employee at quarry - powers of inspectors to obtain information
Summaries With Link (Five Minute Read)
Hunter Quarries Pty Ltd v State of NSW (Dept of Trade & Investment) [2014] NSWSC 1580
Supreme Court of New South Wales
Schmidt J
Administrative law - Hunter Quarries sought declaratory relief as to proper construction of Work Health and Safety Act 2011 (NSW) and order restraining Department of Trade and Investment and all inspectors appointed under Mine Health and Safety Act 2004 (NSW) and/or Work Health and Safety (Mines) Act 2013 (NSW) from obtaining information by exercise of powers granted under s171 Work Health and Safety Act - application arose out of investigation into death of one of Hunter Quarries' employees while working at quarry which it operated - how inspectors' powers were to be exercised - held: once an inspector had exercised statutory power of entry at a workplace, he or she empowered by s171 Work Health and Safety Act to require a person to tell him or her who had custody of or access to a document; to require that person to produce document and to require a person at the workplace to answer questions which inspector put - that power not displaced, limited or circumscribed by powers granted to regulators by s155 Work Health and Safety Act - summons dismissed.
Hunter Quarries Pty Ltd