Court Summary - at a glance
Date of offence:
21 September 2020
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
Starting point for fine was set at $550,000, reduced to $375,500 following aggravating and mitigating factors.
Safety lessons learned:
It was reasonably practicable for Chunda Limited to have:
- consulted, co-operated, and co-ordinated activities with all other PCBUs, including JMK Homes Limited, who had a duty in relation to the health and safety of workers at Lot 74;
- ensured that an adequate risk assessment was carried out prior to its workers beginning work at Lot 74, and that this was revised as appropriate for the duration of work;
- provided and maintained a work environment at Lot 74 that was without risks to health and safety, or that minimised those risks, including by ensuring the installation of safety barriers, netting, and/or fall bags to protect against the risk of falls from height;
- implemented and maintained safe systems of work at Lot 74, including by utilising the site hazard register and the company’s other documented health and safety resources;
- ensured that workers working on Lot 74 were given the training, instruction, and supervision necessary to protect from risks to their health and safety arising out of their work at height.
Defendant name:
Chunda Limited
Industry:
Building and construction
Date of offence:
21 September 2020
Facts in brief:
On 21 September 2020, the victim sustained disabling, life changing injuries after falling through an open second level floor void. As a result of his injury, the victim will never work as a carpenter again, and requires a wheelchair to move.
JMK Homes Ltd was the property developer who owned and operated the site. Chunda Limited is a residential construction company.
JMK Homes owned the site, their project manager, Mr Yang, was stuck in China due to the pandemic. He was working remotely during this time. Chunda, in effect, was in control of the site as the project manager for JMK Homes was working remotely.
JMK Homes Ltd was the property developer who owned and operated the site. Chunda Limited is a residential construction company.
JMK Homes owned the site, their project manager, Mr Yang, was stuck in China due to the pandemic. He was working remotely during this time. Chunda, in effect, was in control of the site as the project manager for JMK Homes was working remotely.
Related prosecutions:
Offence section:
Health and Safety at Work Act 2015, sections 36(1)(a), 48(1) and 48(2)(c)
Date(s) charged:
17 September 2021
Court:
North Shore - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
Starting point for fine was set at $550,000, reduced to $375,500 following aggravating and mitigating factors.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm - $90,000 total, 60% to be paid by Chunda at a total of $54,000
Consequential loss - $7,464.20 (being 60% of $25,967, minus $8,116.00 which they had already paid to the victim)
Costs - $3,148.88
Consequential loss - $7,464.20 (being 60% of $25,967, minus $8,116.00 which they had already paid to the victim)
Costs - $3,148.88
Related Documents:
Last updated