Two companies ordered to pay more than $200,000 for a single breach

Late last year, two companies were prosecuted in the Supreme Court of NSW in relation to a single incident that occurred on 1 November 2012. This case is notable in that it helps to develop Chain of Responsibility laws in relation to the responsibilities of loaders and consignors of goods.

Nolan v Sims Group Australia Holdings Limited; Nolan v Delta Pty Limited (2015) involved proceedings brought against:

• Sims Group Australia Holdings Ltd (Sims); and
• Delta Pty Ltd (Delta).

Sims was the consignor of goods in a heavy vehicle that was alleged to have been driven on a road in breach of a dimension requirement in s 53 of the Road Transport (General) Act 2005 (the Act).

Delta was the loader of these goods onto the heavy vehicle that was alleged to have been driven on a road in breach of a dimension requirement, contrary to s 55 of the Act.