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


Thursday, 13 November 2014

Executive Summary (One Minute Read)
Comcare v John Holland Pty Ltd (FCA) - occupational health and safety - employee fatally injured - early admission of breaches - contrition - penalties
Siam Steel International PLC v Compass Group (Australia) Pty Ltd (WASC) - international arbitration - dispute arising under building supply contract referred to arbitration
Summaries With Link (Five Minute Read)
Comcare v John Holland Pty Ltd [2014] FCA 1191
Federal Court of Australia
Siopis J
Occupational health and safety - employee fatally injured while working on engineering site - applicant commenced proceeding alleging breaches of duties under Occupational Health and Safety Act 1991 (Cth) - parties agreed statement of facts and terms of proposed declarations - penalties which should be imposed in respect of admitted breaches - whether respondents should get 25% discount in respect of early admission of contraventions - held: task of Court was to impose penalty which reflected objective seriousness of contravention, gave effect to objects of Act and would maintain public confidence in Act - Court placed weight on fact respondents cooperated during investigation and admitted contraventions at very early stage - Court also took into account contrition - however Court did not accept respondents' contention that it should have 25% discount in respect of early plea and an additional 10% to 15% discount in respect of other factors - such an approach would be antithetical to flexible approach to the imposition of penalties endorsed by the Full Court - penalties imposed.
Siam Steel International PLC v Compass Group (Australia) Pty Ltd [2014] WASC 415
Supreme Court of Western Australia
Le Miere J
International arbitration - dispute arising under contract between parties for supply of accommodation building - defendant sought order that matter be stayed and referred to arbitration pursuant to s7(2) International Arbitration Act 1974 (Cth) held: contract contained an arbitration agreement which was not inoperative - at time arbitration agreement made, plaintiff was domiciled or ordinarily resident in a Convention country - s7 applied to the agreement - open to either party to give to other party a notice of dispute and, if dispute is not otherwise resolved, to refer dispute to arbitration in accordance with clause of contract - proceeding pending in Court involved determination of a matter capable of settlement by arbitration - proceeding stayed - parties referred to arbitration.
Siam Steel International PLC