Commissioner of Police, NSW Police Force v Claydon [2023] NSWSC 1041

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police, NSW Police Force v Claydon [2023] NSWSC 1041 Hearing dates: 14 August 2023 Date of orders: 14 August 2023 Decision date: 31 August 2023 Jurisdiction: Common Law Before: Campbell J Decision: See judgment at [2] Catchwords: ADMINISTRATIVE LAW — application for judicial review — decision under review from the Local Court — initial decision by NSWPF issuing immediate licence suspension notice — appeal to Local Court — Local Court imposed a conditional licence suspension — supervisory jurisdiction — parties' consent to quashing the Local Court decision — public interest in the Court being satisfied that there is error justifying the relief sought and providing reasons for judgment — whether Local Court's error was an error of law on the face of the record — finding that the immediate licence suspension notice was invalid disposing of the judicial review application — in any case, the Local Court had no jurisdiction to partially suspend the defendant's licence — that was an error of law on the face of the record and a jurisdictional error Legislation Cited: Fines Act 1996 (NSW) s 66 Road Transport Act 2013 (NSW) ss 27, 54, 61D, 115, 175, 224, 225, 267, 268, 270 Road Transport (Driver Licencing) Regulation 2017 Supreme Court Act 1970 (NSW) s 69 Uniform Civil Procedure Rules 2005 (NSW) rr 36.1, 36.1A Cases Cited: Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 Jardin v Metcash Ltd [2011] NSWCA 409; (2011) 214 IR 448 Kovalev v Minister for Immigration and Multicultural Affairs (1999) 100 FCR 323; [1999] FCA 557 Mackey v CIC Allianz Australia Insurance Ltd [2015] NSWSC 505 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Transport for NSW v Clayton [2021] NSWSC 16 Wilson v Roads and Traffic Authority [2002] NSWSC 645 Wishart v Fraser (1941) 64 CLR 470; [1941] HCA 8 Category: Principal judgment Parties: Commissioner of Police, NSW Police Force (Plaintiff) Jesse James Claydon (First Defendant) Representation: Counsel: J Wherrett (Plaintiff) J Claydon (Litigant in person) (Defendant)