Construction company appeals conviction over worker death

An appeal has been lodged by a Darwin construction company, after it was convicted and fined over the death of a worker.

Kalidonis NT Pty Ltd had pleaded not guilty to two charges under Section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011 for failing to comply with a health and safety duty, following the death of 50-year-old worker Paul Leach who was working on the barge landing upgrades in Maningrida.

On 20 March 2020, Leach was operating an excavator using chains to tow a broken-down excavator closer to the barge ramp for recovery. During the attempted tow, the chains snapped and recoiled, hitting him in the head.

The first charge related to the 20 March incident, and the nsecond charge for an incident that occurred eight days earlier on 12 March 2020, when Leach towed the broken excavator from the low-tide mark onto the beach, again using chains. During this incident, the chains had also snapped.

On 23 August 2024, Judge O’Loughlin found Kalidonis NT Pty Ltd guilty on both charges, despite the company appearing to argue in its defence that it was not at fault that Leach took risks that put himself in danger.

On 18 February 2025, O’Loughlin sentenced Kalidonis NT Pty Ltd, which was fined $400,000 for the first charge and $550,000 for the second charge, with convictions recorded for both charges.

O’Loughlin ordered the sentences to be concurrent, meaning the company is liable to pay $550,000. The company is also required to pay NT WorkSafe’s costs of $70,000 and a victim’s levy of $1500.

The Northern Territory’s Work Health and Safety Regulator, Peggy Cheong, said she welcomed the court’s decision but would refrain from commenting further until the appeal had been resolved.

The appeal is set for hearing in the Supreme Court on Monday, 14 April 2025.

NT WorkSafe withdrew the other charges against Kalidonis NT Pty Ltd and its director, Theofilos Kalidonis, in March 2023.

Image credit: iStock.com/JLGutierrez