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[2019] NSWSC 552
Supreme Court of NSW
2019-04-03
Schmidt J
Original judgment source is linked above.
rt Act 2013 (NSW) - whether the Local Court had power to order the removal of defendants' license disqualifications - Local Court acted without jurisdiction - whether reasons given inadequate - whether the Court's discretion to refrain from making orders under s 69 of the Supreme Court Act 1970 (NSW) should be exercised - orders made by the Local Court removing licence disqualifications are quashed
TRAFFIC LAW AND TRANSPORT - Traffic law - Offences - Licence disqualifications
COSTS - Party/Party - Appeals - Suitors' Fund - costs as agreed or assessed - certificate granted under the Suitors' Fund Act 1951 (NSW) in relation to the costs of the proceedings, if qualified Legislation Cited: Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Crimes (Sentencing Procedure Act) 1999 (NSW) Local Court Act 2007 (NSW) Local Court Rules 2009 (NSW) Road Transport Act 2013 (NSW) Road Transport Amendment (Driver Licence Disqualification) Bill 2017 Road Transport (Driver Licensing) Regulation 2017 (NSW) Roads and Traffic Authority of NSW v Higginson [2011] NSWCA 151 Suitors' Fund Act 1951 (NSW) Supreme Court Act 1970 (NSW) Transport Administration Act 1988 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Attorney General for NSW v Mayas Pty Ltd (1988) 14 NSWLR 342 Boral Gas (NSW) Pty Ltd v Magill (1993) 32 NSWLR 501 Commissioner of Taxation v Tomaras [2018] HCA 62; 93 ALJR 118 Dixon v Attorney General of NSW [2018] NSWSC 1618 DL v The Queen [2018] HCA 26 Ex parte Parsons; Re Suitors' Fund Act (1952) 69 WN (NSW) 380 Federated Engine-Drivers and Firemen's Association of Australasia v Broken Hill Proprietary Co Ltd [1911] HCA 31; 12 CLR 398 Federated Engine-Drivers and Firemen's Association of Australasia v Broken Hill Proprietary Co Ltd (1911) 12 CLR 398; [1911] HCA 31 Housing Commission (NSW) v Tatmar Pastoral Co Pty Ltd [1983] 3 NSWLR 378 Kirk v Industrial Relations Commission (2010) 239 CLR 531; [2010] HCA 1 Pelechowski v Registrar, Court of Appeal (1999) 198 CLR 435; [1999] HCA 19 Roads and Traffic Authority of NSW v Higginson State of NSW v Kable (2013) 252 CLR 118 Stoker v Adecco Gemvale Constructions Pty Limited [2004] NSWCA 449 Texts Cited: New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 12 September 2017 Category: Principal judgment Parties: Matter Number 2018/367426 Roads and Maritime Services (Plaintiff) Jodi Farrell (Defendant)
Matter Number 2018/366759 Roads and Maritime Services (Plaintiff) Daniel Northcott (Defendant)
Matter Number 2018/367379 Roads and Maritime Services (Plaintiff) Richard Le Thorn (Defendant)
Matter Number 2018/366803 Roads and Maritime Services (Plaintiff) Ali Touba (Defendant)
Matter Number 2018/391976 Roads and Maritime Services (Plaintiff) Dean Keith Culpan (Defendant)
Matter Number 2019/63478 Roads and Maritime Services (Plaintiff) Jamie Christopher Hooper (Defendant) Representation: Solicitors: Hunt & Hunt (Roads and Maritime Services) Aboriginal Legal Service (Ms Farrell) Praesidium Legal (Mr Touba) Mr Le Thorn, unrepresented Mr Hooper, unrepresented File Number(s): 2018/367426; 2018/366759; 2018/367379; 2018/366803; 2018/391976; 2019/63478 Publication restriction: Nil
Judgment
The issues
The statutory scheme
The course of the Local Court proceedings
The obligation to give reasons
Should the Court's discretion to refrain from making orders under s 69 of the Supreme Court Act be exercised?
Did the Local Court have power to order the removal of any of the defendants' license disqualifications?
Ms Farrell
Mr Northcott
Mr Le Thorn
Mr Touba
Mr Culpan
Mr Hooper
Costs
Orders
Ms Farrell 1. The order made by the Local Court under s 221B of the Road Transport Act 2013 (NSW) removing Ms Farrell's licence disqualification is quashed. 2. Ms Farrell is to pay the Service's costs, as agreed or assessed. 3. Ms Farrell be granted a certificate under the Suitors' Fund Act 1951 (NSW) in relation to the costs of the proceedings, if she is otherwise qualified.
Mr Northcott 1. The order made by the Local Court under s 221B of the Road Transport Act 2013 (NSW) removing Mr Northcott's licence disqualification is quashed. 2. Mr Northcott is to pay the Service's costs, as agreed or assessed. 3. Mr Northcott be granted a certificate under the Suitors' Fund Act 1951 (NSW) in relation to the costs of the proceedings, if he is otherwise qualified.
Mr Le Thorn 1. Leave to bring the proceedings is granted under Rule 59.10 of the Uniform Civil Procedure Rules 2005 (NSW). 2. The order made by the Local Court under s 221B of the Road Transport Act 2013 (NSW) removing Mr Le Thorn's licence disqualification is quashed. 3. Mr Le Thorn is to pay the Service's costs, as agreed or assessed. 4. Mr Le Thorn be granted a certificate under the Suitors' Fund Act 1951 (NSW) in relation to the costs of the proceedings, if he is otherwise qualified.
Mr Touba 1. The order made by the Local Court under s 221B of the Road Transport Act 2013 (NSW) removing Mr Touba's licence disqualification is quashed. 2. Mr Touba is to pay the Service's costs, as agreed or assessed. 3. Mr Touba be granted a certificate under the Suitors' Fund Act 1951 (NSW) in relation to the costs of the proceedings, if he is otherwise qualified.
Mr Culpan 1. The order made by the Local Court under s 221B of the Road Transport Act 2013 (NSW) removing Mr Culpan's licence disqualification is quashed. 2. Mr Culpan is to pay the Service's costs, as agreed or assessed. 3. Mr Culpan be granted a certificate under Suitors' Fund Act 1951 (NSW) in relation to the costs of the proceedings, if he is otherwise qualified.
Mr Hooper 1. The order made by the Local Court under s 221B of the Road Transport Act 2013 (NSW) removing Mr Hooper's licence disqualification is quashed. 2. Mr Hooper is to pay the Service's costs, as agreed or assessed. 3. Mr Hooper be granted a certificate under the Suitors' Fund Act 1951 (NSW) in relation to the costs of the proceedings, if he is otherwise qualified.
DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 16 May 2019
(1988) 14 NSWLR 342
(1993) 32 NSWLR 501
(1911) 12 CLR 398
(2010) 239 CLR 531
(1999) 198 CLR 435
(2013) 252 CLR 118
[2010] HCA 1
[1999] HCA 19