Court Summary - at a glance
Being a PCBU, failed to ensure so far as was reasonably practicable, the health and safety of a worker who worked for the PCBU, namely [the deceased] while he was at work in the business or undertaking, namely driving a truck and loading and unloading palm kernel expeller at ADM New Zealand Limited's transitional facility, and that failure exposed [the deceased] to a risk of serious injury arising from working in close proximity to other trucks and mobile plant.
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