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Inspector Ian Batty v Brian John Goldsmith. Prosecution under s 8(1) by virtue of s 26(1) of the OHS Act 2000

[2009] NSWIRComm 72

Industrial Relations Commission of NSW · 14 May 2009 · Official judgment

Cited by 6 indexed judgments

All Not followed 2 Applied or followed 1 Cited 3

2009: 1 citing judgment 2010: 1 citing judgment, 1 negative 2011: 3 citing judgments, 1 negative 2012: 1 citing judgment 2009 2010 2015 2020 2025
citing judgments per year of which distinguished, doubted, not followed or overruled · line marks the decision

Sort: Oldest first Newest first Most cited

  1. Inspector Kent v Duct Master Pty Ltd [2009] NSWIRComm 143 Cited Industrial Relations Commission of NSW · cited 16× · judgment
  2. Inspector Patton v Hall and Quinn [2010] NSWIRComm 6 Not followed Industrial Relations Commission of NSW · cited 3× · judgment
  3. Inspector Nikolovski v McCrudden (No 2) [2011] NSWIRComm 73 Cited Industrial Relations Commission of NSW · cited 2× · judgment
  4. Inspector Thomas Yeung v Stuart John Hill [2011] NSWIRComm 119 Not followed Industrial Relations Commission of NSW · judgment
  5. Inspector Hall v Morris Powerlec Pty Ltd (In Liquidation) [2011] NSWIRComm 159 Applied or followed Industrial Relations Commission of NSW · judgment
  6. Inspector Cooper v Chung [2012] NSWIRComm 79 Cited Industrial Relations Commission of NSW · judgment

Tree of authority

Built on

The authorities this case relies on, earliest first, and the authorities those relied on. Open a branch to go further back.

Built upon

Later cases citing this one, in order of decision, and the cases citing them in turn. The most cited are shown at each level.

Authorities cited (21)

Earliest first, with how this judgment treated each.

  1. R v Radich [1954] NZLR 86 Cited cited 55×
  2. (1968) 52 Cr App R 736 Cited
  3. Reid v Leirsch (1970) 55 LSJS 525 Cited
  4. Zanol v Newton (1974) 10 SASR 199 Cited cited 2×
  5. R v Rushby (1977) 1 NSWLR 594 Cited cited 70×
  6. Young v Geddie (1978) 22 ALR 232 Cited
  7. Winkler v Cameron (1981) 33 ALR 663 Cited cited 5×
  8. Flego v Lanham (1983) 32 SASR 361 Cited cited 4×
  9. Kaye v Vagg (No 2) (1984) 11 A Crim R 127 Cited cited 3×
  10. R v Fraser (1985) 20 A Crim R 4 Cited cited 2×
  11. R v Sgroi (1989) 40 A Crim R 197 Cited cited 76×
  12. R v Rahme (1989) 43 A Crim R 81 Cited cited 121×
  13. WorkCover Authority (NSW) (Inspector Ankucic) v Lyndhurst Trading Co Pty Ltd (2000) 95 IR 462 Applied or followed cited 50×
  14. WorkCover Authority of New South Wales (Inspector Dall) v R & D Enterprises (Newcastle) Pty Ltd [2001] NSWIRComm 329 Cited cited 11×
  15. Inspector William Hopkins v Michael Wherritt t/as M J Wherritt Concrete Pumping Services. Prosecution under s 15(1) of the Occupational Health and Safety Act 1983 [2002] NSWIRComm 16 Cited cited 15×
  16. State of Victoria v Mansfield [2003] FCAFC 154 Applied or followed cited 6×
  17. Environment Protection Authority v Ableway Waste Management Pty Limited & Anor [2005] NSWLEC 469 Cited cited 19×
  18. Inspector Stephen Cooper v Kwik-Seal Pty Ltd and anor [2006] NSWIRComm 48 Cited cited 10×
  19. Inspector Victor Larobina v Charbel Ibrahim; Inspector Victor Larobina v Sammy Soliman [2007] NSWIRComm 198 Cited cited 2×
  20. Inspector Wilkie v Anstee (No 2) [2007] NSWIRComm 20 Cited cited 7×
  21. WorkCover Authority of NSW v Anywhere Tower Cranes Pty Ltd; WorkCover Authority of NSW v Ghada Nouh; WorkCover Authority of NSW (Inspector Jones) v Gabris; WorkCover Authority of NSW v Missingham [2007] NSWIRComm 44 Applied or followed cited 3×
How the citator works

Citations are read from the text of each indexed judgment. A report citation written alongside a neutral citation, such as [2008] HCA 9; (2008) 234 CLR 50, teaches the citator that both name the same case, so later citations by either are counted together.

Treatment is read from the words in the sentence that cites the case: overruled or disapproved; not followed or declined to follow; distinguished or distinguishable; doubted; applied, followed or adopted. Anything else is cited. It is a guide to which judgments to read, not a judicial history: a judgment that discusses a case at length without one of those words is shown as citing it, and one mentioning several cases in a sentence may attach the word to all of them.

Only judgments in this index are counted, mostly the High Court, the Federal Court and New South Wales courts and tribunals since 2006. Earlier cases appear as authorities but their own authorities are unknown, so a tree ends there. Check a treatment by reading the passage before relying on it.

Judgment text is from the Open Australian Legal Corpus (Isaacus, CC BY 4.0) and the courts’ own websites. Each judgment links to its official version: read it before relying on anything here.