Fairfield City Council v Bryant [2007] NSWLC 11

Local Court of New South Wales

CITATION: Fairfield City Council v Bryant [2007] NSWLC 11 JURISDICTION: Criminal PARTIES: Fairfield City Council Joseph Richard Bryant FILE NUMBER: PLACE OF HEARING: Bankstown Local Court DATE OF DECISION: 03/21/2007 MAGISTRATE: Magistrate G Blewitt CATCHWORDS: Freedom of speech/expression - Constitutional challenge LEGISLATION CITED: Judiciary Act 1903, Section 78B Local Government Act, 1993, Section 632 Lange v Australian Broadcasting Corporation (1997) 189 CLR 520; (1997) 145 ALR 96 CASES CITED: Australian Capital Television Pty. Limited and others and The State of New South Wales v. The Commonwealth of Australia and another (1992) 177 CLR 106 Mulholland v Australian Electoral Commission (2004) 209 ALR 582. Coleman v Sellers - (2000) 181 ALR 120 Coleman v Power - (2004) 209 ALR 182 Mr Thompson for Fairfield City Council REPRESENTATION: Ms Georgina Wright, Crown Solicitor's Office for the Attorney General of NSW Mr Bryant (defendant) unrepresented ORDERS: No infringement of constitutional rights, case proved beyond reasonable doubt.

JUDGMENT

1. The defendant has pleaded not guilty in respect of three Court Attendance Notices which were issued in connection with of three separate parking offences and by consent the matters were heard together.

2. At the commencement of the hearing on 16 November 2006 the defendant challenged the court's jurisdiction to hear the matters, his contention being that the actions of Fairfield City Council in issuing the infringement notices had breached his constitutional right of freedom of speech.