ORANGE freight company Western Freight Management has successfully appealed a decision in the Industrial Relations Court exonerating it of any responsibility in the death of a man at its depot in 2005.
A driver died when he was struck by a reversing truck in October 2005.
The freight company was originally found guilty of failing to keep a proper and safe workplace after being prosecuted by WorkCover.
However the owners of the business appealed on the grounds they had taken all precautions necessary, according to solicitor David King-Christopher who handled the appeal in the industrial court recently in front of three appeal judges.
The conviction was quashed and costs were awarded in favour of the freight company.
“This has been a good outcome for the company in what has been a David and Goliath battle,” Mr King-Christopher said.
Mr King-Christopher said as no agreement could be settled upon as to the sum of costs, the court issued its own order.
An order has now been made for $414,000 in costs to be paid by WorkCover to Western Freight Management.