Court Summary - at a glance
Being a PCBU, failed to ensure so far as was reasonably practicable, the health and safety of other persons, including [the deceased], who worked for Transport Services Southland Limited (TSSL), was not put at risk from work carried out as part of the conduct of the business or undertaking, namely operation of the Hyundai Loader owned and operated by Herbets at ADM New Zealand Limited's transitional facility.
The victim was an employee of TSSL, he was fatally injured when struck by a loader while working at the shed.
Consequential loss - $120,128 ($69,259 of which is considered paid by Herberts and TSSL; the balance is to be met by Herberts and TSSL if it has not been paid following the outcome of McLellan’s trial)
Costs - $1,750