NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Transport for NSW v Clayton [2021] NSWSC 16 Hearing dates: 12 January 2021 Date of orders: 12 January 2021 Decision date: 12 January 2021 Jurisdiction: Common Law Before: Black J Decision: Orders made in the Local Court at Inverell on 2 November 2020 "dismissing the appeal" brought by the Defendant, subject to a condition that he "may only drive for work purposes and to and from work for three months" be set aside; the proceedings be remitted to the Local Court to be determined according to law; with no order as to costs. Catchwords: DRIVER'S LICENSING – withdrawal of exemption from licensing for interstate driver – whether Local Court may vary decision of Plaintiff to withdraw exemption so as to permit driving for limited purposes. Legislation Cited: • Crimes (Appeal and Review) Act 2001 (NSW), Pt 5 • Local Court Act 2007 (NSW), Pt 4 • Road Transport Act 2013 (NSW), s 59, s 268, s 270 • Road Transport (Driver Licensing) Regulation 2017, Pt 12, reg 95, reg 96 • Supreme Court Act 1970 (NSW) s 69 Cases Cited: • Kokou v Roads and Maritime Services and Local Court of NSW [2018] NSWSC 1692 • Roads and Maritime Services v Khan [2013] NSWSC 331 Category: Principal judgment Parties: Transport for NSW (Plaintiff) Tye Clayton (First Defendant) Representation: Counsel: B Hearnden (Solicitor) (Plaintiff)
Solicitors: Hunt & Hunt (Plaintiff) File Number(s): 2020/342781
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