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Top BCR and director fined $122,500 after wall collapse

16 Oct 2026•BlueSafe Team•Source: SafeWork NSW

Construction company Top BCR Pty Ltd and its director, Cheuk Leung Leo Yan, have been convicted and fined a combined $122,500 after a wall under construction collapsed in gusting winds.

The Industrial Court of NSW imposed the fines following a SafeWork NSW prosecution over an incident at a residential property on 21 November 2022. The wall blew over, damaging a fence and a neighbouring property.

Top BCR pleaded guilty to an offence under section 32 of the Work Health and Safety Act 2011. The company failed to comply with its duty to workers under section 19(1) of the Act and was fined $101,250.

Mr Yan, the company’s sole director at the time, also pleaded guilty to an offence under section 32. He was fined $21,250 for failing to exercise due diligence as an officer under section 27(1) of the Act.

The judgments against the company and Mr Yan are available on the NSW Caselaw website. Both have the right to appeal their sentences.

Managing work health and safety risks is a legal obligation. Identifying and assessing risks, then putting safe systems of work in place, is central to preventing incidents of this kind. The incident also highlights directors’ duties to exercise due diligence under the Act.

Business owners and workers can access resources to help manage risks associated with working in and around falling objects in construction.

Workers with workplace health and safety concerns can contact SafeWork NSW anonymously on 13 10 50 or through the Speak Up Save Lives website.

How Blue Safe can help: Our free WHS self-check can help you review your business’s approach to health and safety duties and identify areas that may need attention. Take the free WHS self-check

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