Top BCR Pty Ltd and director Cheuk Leung Leo Yan have been convicted and fined a total of $122,500 in the Industrial Court of NSW as a result of a prosecution by SafeWork NSW.
The proceedings arose from an incident on 21 November 2022, when a wall under construction at a residential property was blown over by gusting winds, causing damage to a fence and a neighbouring property.
Top BCR entered a guilty plea to an offence under section 32 of the Work Health and Safety Act 2011 for failing to comply with its health and safety duty to workers under section 19(1) of the Act. The company was fined $101,250.
Mr Yan, who was the sole director of Top BCR at the time of the incident, plead guilty to an offence pursuant to section 32 of the Act for failing to exercise due diligence as an officer of the company under section 27(1) of the Act. He was fined $21,250.
The judgments against Top BCR and Mr Yan have been published on the NSW Caselaw website.
The offenders have the right to appeal against their sentences.
