Massarani v Roads and Traffic Authority of NSW

Judgment 1On 4 October 2010 the Plaintiff received an infringement for not displaying his P plates on his car. At some time close to that infringement he also received an infringement for not wearing a seat belt. 2That resulted on 16 December 2010 in a notice from the RTA suspending his driver's licence for a period of 3 months. The Plaintiff appealed against this decision to the Local Court. The appeal was fixed for hearing at the Local Court on 7 February 2011. 3On 17 January 2011 the Plaintiff was apparently at the Local Court in the Downing Centre as a member of the public. Without any notice to the RTA he requested that the presiding Magistrate alter the date fixed for his appeal. The Magistrate acceded to this request notwithstanding that the RTA had no notice of it. The matter was thereafter re-listed for hearing on 31 January 2011. 4The Plaintiff says that he subsequently checked the lists to see if the matter had been removed from the List on 7 February 2011. Because he ascertained that it had not been so removed he did not attend Court on 31 January 2011 although that was the date on which he had asked for the matter to be re-listed. He attended Court on 7 February 2011 and ascertained that the matter had been dealt with on 31 January 2011. It had been dismissed because there had been no appearance by him. The Plaintiff acknowledges that he did not check the List for 31 January 2011. 5On 9 February 2011 the Plaintiff filed a Notice of Appeal to the District Court. He also made an ex parte oral application for a stay on the suspension of the licence under s 16A(2) Crimes (Appeal and Review) Act 2001. This was granted by his Honour Judge Blackmore in these terms: The Appellant appeals a refusal to annul his conviction in the Local Court. The suspension of his licence has not been stayed. The Appellant therefore asks that a stay be entered on that suspension until his appeal is held in the District Court. Ordered: Stay entered under s 16A(2) Crimes (Appeal and Review) Act of the suspension of the Appellant's licence until the hearing of his appeal to the District Court. 6On 14 July 2011 the Plaintiff's appeal was listed for hearing before the District Court but the Plaintiff did not appear. The matter was then adjourned to 18 August 2011. 7Apparently judgment was given on 1 November 2011 when the District Court found that it had no jurisdiction to entertain the Plaintiff's appeal. The result of its having no jurisdiction was that the stay order made by Judge Blackmore was also made without jurisdiction. 8The District Court's judgment seems to have prompted the filing by the Plaintiff of the Summons in this Court. The relief claimed was as follows: