Court Summary - at a glance
Date of offence:
25 May 2020
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$100,000
Safety lessons learned:
It was reasonably practicable for QRZ Properties Limited to ensure machinery and equipment, including the angle grinder, was safe for use and used safely, by reference to the manufacturer’s instructions and relevant safety standards.
Defendant name:
QRZ Properties Limited
Industry:
Building and construction
Date of offence:
25 May 2020
Facts in brief:
Mr Yingnian Xu (Mr Xu), was completing flooring work for the defendant. He was using a Ozito Branded electric angle grinder on which he had attached a 100mm circular saw blade to undercut a doorframe. Mr Xu lost control of the grinder due to “kickback”. It flew from his grasp and embedded itself in the arm of Ms Jaun Zhang (Ms Zhang) and continued to rotate in her arm until it was turned off causing significant harm.
Offence section:
Sections 38 and 48(1) and 48(2)(c)
Date(s) charged:
20 May 2021
Court:
North Shore - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$100,000
Maximum fine available:
$1.5 million
Reparation:
Emotional harm - not ordered as company had already paid the victim $50,000
Costs - $1,818.23 ordered to be paid
Costs - $1,818.23 ordered to be paid
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