DAVID ALLEN MORRIS v ROADS AND TRAFFIC AUTHORITY; DEAN JAMES EVANS v ROADSAND TRAFFIC AUTHORITY; ROADS AND TRAFFIC AUTHORITY v DISTRICT COURT OF NEWSOUTH WALES and ORS [1996] NSWCA 370

DAVID ALLEN MORRIS v ROADS AND TRAFFIC AUTHORITY; DEAN JAMES EVANS v ROADS AND TRAFFIC AUTHORITY; ROADS AND TRAFFIC AUTHORITY v DISTRICT COURT OF NEW SOUTH WALES and ORS

SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL

GLEESON CJ, NEWMAN and ABADEE JJ 25 October 1995, 1 February 1996

[1996] NSWCA 370

Administrative Law — Statutory appeals from administrative authorities to courts — jurisdiction of District Court — Justices Act 1902 (NSW), s122, MOTOR TRAFFIC ACT, s22(7).

Procedure — stay of proceedings — Justices Act 1902, s122 and s125.

DISTRICT COURT — JURISDICTION — APPEALS The Roads and Traffic Authority cancelled drivers' licences under the Motor Traffic Regulations. The licensees appealed unsuccessfully to the Local Court. They sought to appeal further to the District Court under s122 of the Justices Act — HELD — S122 did not cover the case and no further appeal lay to the District Court.

DISTRICT COURT — JURISDICTION — STAY OF PROCEEDINGS — HELD — the District Court had no power to stay the orders of cancellation pending the resolution of the jurisdictional issue mentioned above.

WORDS AND PHRASES — "punished".

ORDERS Court of Criminal Appeal Questions in case stated answered as follows: "Q. Whether I was correct in law in finding that I had no jurisdiction to hear the appeals by reason of the terms of s122 of the Justices Act and/or s22(7) of the Traffic Act?

A. Yes."

Court of Appeal

1. Order the calling up from the District Court of New South Wales of the orders of his Honour Judge O' Reilly of 31 March 1995 purporting to stay orders cancelling the drivers' licences of David Allen Morris and Dean James Evans ("the Opponents").

2. Order that the said orders referred to in (1) be quashed.

3. Order that the Opponents pay the costs of the proceedings in the Court of Appeal.