Event and Time
Event Description
In a series of incidents related to work health and safety during construction activities at 61 Gilgandra Road, North Bondi, NSW, Scopeview Projects Pty Ltd (Scopeview) and its director, Cameron Doueihi, were prosecuted due to serious safety violations leading to a wall collapse that severely injured laborer Mr. Maatouk.
Application and Claims
- Scopeview was engaged to perform extensive alterations and additions to an existing residential building, performing demolition and excavation work.
- Prior incidents raised safety concerns but were not adequately addressed.
- On 14 December 2020, part of a masonry brick wall at the site collapsed, resulting in significant injuries to Mr. Maatouk.
Judicial Decisions
- On 23 July 2024, Scopeview was convicted and fined $375,000 after an original fine of $500,000 was reduced by 25% due to an early plea of guilty.
- Cameron Doueihi, as the sole director and responsible person, was also convicted and fined $60,000 after a reduction from $80,000.
- Both were ordered to pay prosecutorial costs and half of their fines to the prosecutor as per the Fines Act 1996 (NSW).
Dispute Points and Legal Basis
Dispute Points
Scopeview's Position:
- Claimed compliance with safety regulations to a reasonable extent.
- Argued that the wall's condition was previously known and undertook safety measures that were later deemed insufficient.
- Stated that proper engineering assessments were not practically feasible before work commenced.
Prosecutor's Position:
- Argued that Scopeview failed to adhere to the work health and safety laws by not conducting necessary risk assessments or obtaining geotechnical studies specific to the site.
- Noted that after prior wall collapses, inadequate actions were taken to prevent further incidents.