Jimenez v Transport for NSW [2022] NSWSC 539

Supreme Court New South Wales

Medium Neutral Citation: Jimenez v Transport for NSW [2022] NSWSC 539 Hearing dates: 26 April 2022 Date of orders: 5 May 2022 Decision date: 05 May 2022 Jurisdiction: Common Law Before: Walton J Decision: (1) Orders (1)–(3) and (5) of the relief sought in the Summons filed 25 March 2022 are refused. (2) The balance of the Summons is to be referred to the Registrar for programming. (3) Costs are reserved. Catchwords: TRAFFIC LAW AND TRANSPORT — traffic law — licensing of drivers — appeals and applications — cancellation of licence — powers of Transport for NSW — powers of Local Court — medical examination — licence conditions — declarations and injunctions – orders Legislation Cited: Point to Point (Taxis and Hire Vehicles) Act 2016 (NSW) Road Transport Act 2013 (NSW) Road Transport (Driver Licensing) Regulation 2017 (NSW) Road Transport (General) Regulation 2021 (NSW) Cases Cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Category: Principal judgment Parties: Magdaleine Elvira Jimenez (Plaintiff) Transport for NSW (Defendant) Representation: Solicitors: Self-represented (Plaintiff) Hunt & Hunt Lawyers (Defendant) File Number(s): 2022/90919

JUDGMENT

Introduction 1. By summons filed 25 March 2022, Magdaleine Jimenez ("the plaintiff") seeks injunctive and declaratory relief in the Court's Duty List. The plaintiff sought to challenge decisions made by, Transport for NSW (formerly Roads and Maritime Services) ("the defendant"), in relation to her driver's licence. 2. The plaintiff sought orders in the nature of urgent injunctive relief (orders (1)– (4)), declaration (orders (5) and (6)), damages (order (7)), rectification (orders (8) and (9)) and final declaratory relief (orders (10) and (11)). When the matter was called, the plaintiff indicated that the relief being sought are orders (1)–(3) and (5), which are as follows: Urgent Injunctive Relief That the Defendant is restrained from taking any action in relation to the driver's licence of the Plaintiff arising from any of the matters disclosed by the Plaintiff in proceedings Magdaleine Jimenez v Roads & Maritime Services case number 2018/00369883-001 (the Proceedings) without an Order of a competent Court in NSW. That in the event that the Defendant has taken any action restrained in Order 1 hereof (whether such action was taken before, on or after such Order was made), the Defendant must immediately rectify such action to restore the Plaintiff's driver's licence to the condition it was in before such action was taken and the Defendant must immediately communicate such rectification to the Plaintiff in writing. That the Defendant be restrained form [sic] relying on the report of Dr Daniel Wardman dated 9 December 2021 in making any decision about the Plaintiff. … Declaration A declaration that the Defendant has breached the Orders of the Local Court of NSW in the Proceedings (the Orders) by requiring the Plaintiff to submit to a periodic medical review on the basis of her purported neurological condition. …